SHAMRAO NAGAPPA CHASME Vs. CHAIRMAN KARNATAKA HOUSING BOARD

JUDGEMENT

(1.) The petitioner is an allottee of a house constructed by the 1st respondent-Housing Board. House so allotted to him is situated in Belgaum City. Applications were invited from the public by notification dated nil published in 'Samyukta Karnataka' dated 3-6- 1978 by which the respondent- Housing Board called upon the economically weaker Section to apply in the prescribed form and manner subject to the conditions set out in the conditions for allotment of houses which the Board proposed to construct. The petitioner was one of the applicants under the Notification.

(2.) By intimation dated 17-11-1980, he was informed that house to be constructed at Malamaruthi area, Belgaum City, has been allotted to him, on site measuring 45' x 60'. The value of the house is estimated at 'Rs. 42,000/-. On 26-3-1983, one more intimation was sent to the petitioner by which he was informed that the house is ready and the provisional cost fixed was Rs. 59,406-00 and so the extra cost of Rs. 17,406/- over the cost earlier notified could have to be paid by the petitioner in five instalments. The intimation also directed that he should sign an agreement of lease-cum-sale before he is put in possession of the house.

(3.) Pursuant to that intimation of allotment, true copy of which is produced at Annexure-C, the petitioner executed an agreement on 4th August 1983 in favour of the respondent-Housing Board. Clause-6 of the agreement shows that the cost of the property was provisionally fixed at Rs. 59,506/-. By clause 7 of the Agreement, he further agreed that final cost of the property will be as fixed by the Board.