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2008 Supreme(All) 278

V.M.SAHAI, SHIV CHARAN
KUNTI DEVI. – Appellant
Versus
KANPUR DEVELOPMENT AUTHORITY, KANPUR – Respondent


Advocates:
Counsel :
Sanjay Kumar Om for the Petitioners; Pankaj Bhatia, J.N. Sharma, S.C. for the Respondents.

JUDGMENT

By the Court.—The Kanpur Development Authority, Kanpur (in brief the Authority) in the year 1975 launched a scheme known as Halwa Khanda Scheme for construction of some flats for persons belonging to economically weaker sections. It was also mentioned in the scheme that the cost of flats including the land had been fixed by the Authority to Rs. 5,675/- and allotment would be made by lottery. It was proposed in the scheme to construct 380 flats out of which 228 flats were to be allotted to general category, 76 flats were reserved and 76 flats were to be auctioned. It was also provided in the Scheme that subsidy of Rs. 1,000/- would be provided by the Authority towards each house/land which would be recovered by it from auction of commercial plots. The petitioners who were poor persons and belonged to economically weaker sections of society applied for allotment of one flat each under the aforesaid Halwa Khanda Scheme. Some of the petitioners had applied for allotment in the year 1980. The construction of the flats in Halwa Khanda scheme was completed in the year 1980 and 115 flats were allotted to different persons in the year 1980 at the price of Rs. 6,000/- for each flat.







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