JUDGMENT Binod Kumar Roy and R.K. Mahajan, JJ.
1. Petitioners, who are registered societies, through their respective Presidents have come up to this Court praying to quash the notice dated 17.9.90 as contained in Annexure-1. Their further prayer is to command the respondents not to realise from the members of petitioner No. 2 the cost of M.I.G. flats allotted to them more than Rs. 82,558 and fix the instalments accordingly.
2. Annexure-1, contains letter dated 17.9.90 of the Secretary of the Allahabad Development Authority in regard to final costing of the Middle Income Group Houses constructed in Govindpur Avas Yojna stating that the estimated costs of the house was Rs. 87.558 but on final costing its cost has been fixed at Rs. 93,500 and therefore, follow up action be done by the notices.
3. Dr. Padia, learned counsel appearing on behalf of the petitioners, contended that the cost has been arbitrarily increased by the Allahabad Development Authority and thereby the desired reliefs be granted.
4. Sri Ashok Mohiley, learned counsel appearing on behalf of the respondents, on the other hand, contended that the decision in regard to final costing is not vitiated on account of any arbitrariness rather it has been done in terms of the agreement arrived at between the parties. The petitioner has not brought on the record to show as to how the decision of the Allahabad Development Authority is vitiated on account of vice of arbitrariness and/or any error of record in regard to calculation of the cost. The initial notice as contained in Annexure-RA 1 also clearly stipulated the fact that fixation of cost is being done tentatively and that final costing will be done subsequently which has been done taking in account the escalation in the award made under the land acquisition proceeding.
5. We find substance in the arguments of Mr. Mohiley and accept them. In view of lack of material to satisfy our conscience. It is not possible for us to hold that the increase of cost is vitiated on account of the arbitrariness so as to breach Article 14 of the Constitution of India and/or there were other factual defects in their calculation.
6. Accordingly, we dismiss this writ petition. However, in the peculiar facts and circumstances we make no order as to cost.