Neutral Citation No. - 2025:AHC:138761-DB Court No. - 29 Case :- WRIT - C No. - 29690 of 2019 Petitioner :- Saiyad Atahar Husain Alias Saeed Akhtar Husain And 13 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akash Khare,Hari Om Counsel for Respondent :- C.S.C.,Vivek Saran Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Shri Akash Khare, learned counsel for the petitioners, learned Standing Counsel for the State-respondents, and Shri Vivek Saran, learned counsel for the respondent – U.P. Awas Evam Vikas Parishad, Lucknow. 2. Learned counsel for the petitioners submits that the case is squarely covered by the judgment of the Hon’ble Apex Court dated 11.01.2018 in SLP (C) No. 28403 of 2017 (Mohd. Atique and Others vs. State of U.P. and Others), wherein, considering allotments made by the U.P. Awas Evam Vikas Parishad under the scheme in question to Below Poverty Line (BPL) beneficiaries/allottees unable to pay penal interest, the Hon’ble Apex Court had already accorded relief by directing that payment of the outstanding principal along with interest equal to the outstanding principal would suffice. For ready reference, the order dated 11.01.2018 is reproduced below: "1. Considering the facts and circumstances of the case and also the fact that allotment of houses was made to the persons belonging to the Below Poverty Line (BPL). They are not in a position to pay penal interest. Though they are in occupation of houses allotted to them and they have paid part of principle amount also. It is beyond the capacity to pay outstanding amounts. It is considered appropriate to waive the liability of heavy penal interest, as it would be impossible for the petitioners to make the payment. The incumbents are residing in the houses for the last more than two decades. 2. The learned counsel for respondents with full fairness stated that reasonable amount of interest may be fixed and ordered to be paid. 3. As only part of principle amount has been paid, in our opinion, it would be appropriate to direct for payment of outstanding principle and towards interest amount equal to outstanding principle amount would suffice, thus payment of double of the outstanding amount of principle amount would be sufficient in the facts of the case. 4. Let the payment be made in the aforesaid manner within four months i.e. by end of the month of May, 2018. The special leave petition is, accordingly, disposed of. This order is not to be treated as a precedent in any other case, as it is passed in peculiar facts and circumstances of the present case, in exercise of our jurisdiction under Article 142 of the Constitution of India. 5. Pending applications also stand disposed of." 3. Reliance is also placed on the order dated 23.01.2024 in SLP (C) Diary No. 9132/2023 (Vikas Kumar Bansal and Others vs. State of U.P. and Others), wherein similarly situated allottees were granted identical relief on the ground of parity. For ready reference, the order dated 23.01.2024 is reproduced below: "Delay condoned. After hearing learned counsel appearing for the parties and on going through the order dated 11.01.2018 passed in SLP (C) No.28403/2017, ignoring the objection of delay, on the ground of parity we direct that the petitioners are entitled to get the benefit of the said order strictly in terms of the paragraph 3. The compliance of the observations as made in paragraph No.3 of the order be made on behalf of the petitioners within four months. Thereafter, the respondents shall comply with the directions as issued in the Order dated 11.1.2018. The special leave petitions are disposed of in the above terms. Pending applications also stand disposed of." 4. It is stated that the petitioners who belong to the BPL category, are in occupation of the allotted houses, have paid part of the principal amount, and are willing to clear the balance in terms of the aforesaid judgments. 5. Learned counsel for the respondent – U.P. Awas Evam Vikas Parishad, Lucknow, does not dispute the factual or legal position stated above and fairly concedes that the aforesaid order of the Hon’ble Apex Court was passed in similar facts and circumstances in proceedings against the U.P. Awas Evam Vikas Parishad. 6. Considering the above facts and circumstances, this writ petition is disposed of in terms of the directions contained in the orders passed by Hon'ble Apex Court dated 11.01.2018 in Mohd. Atique and Others (supra) and 23.01.2024 in Vikas Kumar Bansal and Others (supra). The petitioners shall make payment in the manner indicated therein within four months, i.e., on or before 31.12.2025. 7. We further clarify that this order has been passed in the peculiar facts and circumstances of the present case and shall not be treated as a precedent in any other matter. Order Date :- 12.8.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad