BIHAR STATE HOUSING BOARD Vs. LALIT RAM

JUDGEMENT

(1.) This appeal by special leave is in challenge of an order of the High Court of Patna dated 8-5-1995 by which a Division Bench has refused to modify an earlier order dated 2-2-1993. Appellants herein are the Bihar State Housing Board, its Managing Director and its Executive Engineer at Harun-Ranchi.

(2.) Bihar State Housing Board (for short the Housing Board) put up flats under a housing scheme. As per the allotment order dated 9-12-1983, a flat bearing No. H-1/200 was allotted to the respondent at a tentative cost of Rupees 85,400/-. The respondent was to pay a sum of Rs. 17,230/- as the initial payment. As the respondent had paid an advance of Rs. 6,500/- he was permitted to deduct it from the initial payment and thus he was to pay Rs. 10,730/- in a lump within thirty days from the date of allotment order. But respondent paid that amount only in 1987 presumably with interest (as he paid an amount of Rs. 17,541/-). As per Clause 6 of the allotment order the allottee was to pay the balance amount of Rs. 68,320/- in monthly instalments alongwith interest. The case of the respondent is that he could not execute the agreement as was required in the allotment order as the flat remained incomplete. He informed the Housing Board that he had to take another house on rent to live in and he was incurring huge loss on account of it. Respondent then filed a writ petition before the High Court for appropriate reliefs.

(3.) By order dated 2-2-1993, a Division Bench of the High Court directed that if the respondent would deposit the balance amount of Rs. 68,320/- as mentioned in Clause 6 of the allotment order, the Housing Board shall deliver vacant possession of the flat to him with all the fittings and fixtures required to be done "within one month from the date of last deposit of the amount". The Board was further directed to indicate the date when respondent was to execute the necessary agreement after respondent deposits the last instalments.