Summary
Mere registration for a housing scheme conferred no vested right to allotment or to a flat at a judicially fixed price. The governing rules required scheme-specific written consent to enter a draw, which the applicant had not furnished. The National Commission could not compel the public authority to allot a flat for Rs.2.5 lakh without contractual entitlement or a rational pricing basis. Its allotment direction was set aside.
Issues
- Whether registration alone entitled the applicant to allotment.
- Whether the National Commission could order allotment at Rs.2.5 lakh without contractual entitlement.
Provisions considered
- Rules 15 and 30, UP Awas Evam Vikas Parishad—Registration and Allotment of Plots and Houses Rules, 1979Registration neither bound the Board to allot nor automatically included an applicant in a draw; written consent for the particular scheme was required. (¶¶ 3–4, 15)
Held
- The brochure and Rules 15 and 30 expressly excluded an allotment guarantee from registration. Participation in a particular advertised scheme required the registered applicant’s consent, which had not been given. (¶¶ 2–5, 15)
- There was no contractual entitlement to a flat or a specified price. Fixing Rs.2.5 lakh had no rational basis, and equitable considerations could not justify compelling the public authority to enter such a contract. (¶ 15–16)
Result
Appeal allowed. National Commission’s order directing allotment of a Mandola Vihar Yojana flat for Rs.2.5 lakh set aside. No order as to costs.