1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH AT JAIPUR ORDER S.B.Civil Writ Petition No.4236/1992 Jagdish Prasad Vs. The Urban Improvement Trust, Alwar & Anr. Date of Order :- 21.04.2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.Prasant Chahar, for the petitioner. Mr.R.K. Mathur, for the respondents. The petitioner has challenged the non- allotment of plot by the Urban Improvement Trust, Alwar ('the UIT' for short) to him. The brief facts of the case are that on 15.05.1984, the UIT, Alwar had advertised a guarantee scheme for allotment of plots in Vijay Nagar and Malviya Nagar in Alwar. According to the booklet, issued for the said scheme, reserved price per Sq. Yd. was shown as Rs.85/- both in Vijay Nagar and Malviya Nagar. In para No.22 of the Booklet, it was provided that on allotment of plot, the balance amount can be paid in three modes which were categoriesed as Plan A, Plan B and Plan C. Under Plan A, the full cost of the plot was to be given in lump sum within a period of 30 days from the date of allotment. If the 2 payment could not be made within 30 days, another period of 30 days could be given on an interest @ 15% per annum from the date of allotment. Apart from this, a discretionary power was bestowed on the Chairman of the Trust, to allow a person to pay the amount due within another 10 months on a penalty charges @ 33.3 paise per day, in addition to the interest @ 15% per annum. According to Plan B the payment could be made in 8 equal installments; according to Plan C, on payment of 50% of the cost of the plot within 30 days of the allotment, possession would be given; the rest of the money could be paid in 20 qtr. installments. It was specifically mentioned in para No.4 at page No.1 of the Booklet that the UIT, Alwar will provide complete plot upto 30.06.1987 in any of the scheme; a guarantee to get a plot in the preferred scheme was also given in para No. 46 and 47 of the scheme (booklet). At the relevant time, the petitioner was working in the Indian Army. Thus, he was entitled for applying in Category No.F which was reserved for Govt. Servants/Defence Personnel. He opted for a plot of 200 Sq.Yds and deposited the security 3 amount of Rs.4,000/- on 31.10.1984. However, while others were alloted plot in Vijay Nagar, vide letter dated 12.11.1991 the petitioner was alloted a plot, plot No.C-239 in Budh Vihar Scheme measuring 138.88 Sq.Yds @ a reserve price of Rs.310/- per Sq.Yd. The petitioner was directed to deposit the total cost of plot within a period of 30 days. However, according to the petitioner, he never received the said letter. Subsequently, vide letter dated 28.03.1992, the petitioner was directed to make the payment for the said plot within a period of 15 days. According to the petitioner, from the letter dated 12.11.1991 it is obvious that while the reserved price in Vijay Nagar and Malviya Nagar were pegged at Rs.85/- per Sq.Yd., the reserved price for Budh Vihar Scheme was pegged at Rs.310/- per Sq.Yd. Since the petitioner was dissatisfied by the sudden increase of reserved price, he filed a representation before the UIT, Alwar. In the representation, he requested the UIT to charge a reserve price of Rs.85/- per Sq.Yd., instead of Rs.310/- per Sq.Yd. However, the UIT, Alwar sat quietly over the entire issue and did not respond to the said representation. Hence, this petition before this Court. 4 During the course of arguments, the learned counsel for the UIT, Alwar pointed out that since the petitioner did not make the entire payment for plot No.C-239 in Budh Vihar Scheme, the allotment of the said plot was cancelled. However, this Court is of the opinion that a hostile discrimination has been committed against the petitioner, as others, such as Kailash Chand Gupta and Hemchand Gupta, have been allotted the plots at the reserved price of Rs.85/- per Sq.Yd., the petitioner is being charged a higher reserved price at the Rs.310/- per Sq.Yd. The UIT, Alwar has agreed to reconsider the petitioner's case provided the petitioner is agreeable to pay the reserved price of the said plot as of today. The petitioner has agreed to pay the reserved price for plot No.C-239 in Budh Vihar Scheme. Both the parties are ad idem that the said plot is still lying vacant. In this view of the matter, the petitioner is directed to apply to the UIT, Alwar for allotment of plot No.C-239 in Budh Vihar Scheme. The UIT, Alwar is directed to allot the said plot to the petitioner provided the petitioner agrees to pay the reserved price of the 5 said plot as of today. The UIT, Alwar is also directed to allot the said plot to the petitioner within a period of two months from the date of filing of the application by the petitioner. With these observations, the writ petition is, hereby, disposed of. There shall be no order as to costs. (R.S.CHAUHAN)J. Manoj Solanki