ISHWAR DASS NASSA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Whether the Haryana Housing Board (for short, Rs. the Board) could ignore the time limit of 7 years specified in Clause 2(w) of the Hire Purchase Tenancy Agreement executed by the Appellants as per the requirement of Regulation 11(4) of the Housing Board Haryana (Allotment, Management and Sale of Tenements) Regulations, 1972 (for short, the Regulations) framed by the Board in exercise of the power conferred upon it under Section 74 of the Haryana Housing Board Act, 1971 (for short, Rs. the Act) and demand additional price from them after 10 years of the allotment of tenements is the question which arises for consideration in these appeals filed against the orders passed by the Division Bench of the Punjab and Haryana High Court whereby the letters patent appeals filed by the Appellants were dismissed and the order passed by the learned Single Judge declining their prayer for quashing the demand of additional price was upheld.

(2.) In response to an advertisement issued by the Board in 1975, the Appellants applied for the houses proposed to be constructed at Sonepat for Economically Weaker Sections (EWS), Lower Income Group (LIG) and Middle Income Group (MIG). After scrutiny of the applications, the competent authority allotted tenements of different categories to the Appellants. The allotment letters were issued in their favour in November/December 1978. For the sake of reference, the allotment letter issued in favour of one of the Appellants, namely, Dharam Pal is reproduced below:

(3.) The Appellants deposited the amount in accordance with the stipulations contained in the allotment letters and executed Hire Purchase Tenancy Agreements. The relevant portions of the Hire Purchase Tenancy Agreement executed by the Board and Dharam Pal are extracted below: