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2003 Supreme(All) 1958

TARUN CHATTERJEE, N. K. MEHROTRA
RAM NAGAR ALLOTTEES ASSOCIATION – Appellant
Versus
LUCKNOW DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
B.C.AGRAWAL, K.K.TIWARI, MAHESH CHANDRA, N.C.HAJELA, UMESH CHANDRA, Umesh Kumar Srivastava, VED PRAKASH

( 1 ) THE writ petitioner Nos. 2 to 8 who are members of an unregistered society, have been allotted house by the Lucknow Development Authority (for short l. D. A. ) under Ram Nagar Housing scheme, Lucknow. An advertisement was published in the news paper on 24th January, 1984 inviting applications for providing a house at a cost of Rs. 50,000. The advertisement disclosed that plot area of each house shall be 115. 5 sq. metre, and plinth area 47 sq. metre with a provision for construction of one additional room in future. It was also mentioned that the preference shall be given to those, who would like to have houses in Self-Financing Scheme. Pursuant to the aforesaid advertisement, the writ petitioners applied for registration after depositing a sum of Rs. 5,000 in the Bank. The writ petitioners thereafter found that the L. D. A. unilaterally and arbitrarily reduced the plot area to 73. 92 sq. metre and plinth area to 32. 9 sq. metre from plot area 115. 5 sq. metre and plinth area 47 sq. metre, as mentioned in the advertisement. It was also mentioned in the booklet that the houses would be completed by 31st december, 1984 and in case of delay, the money deposited shall not be retu













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