ANNA NAGAR HOUSE OWNERS WELFARE ASSOCIATION Vs. SECRETARY TO GOVERNMENT HOUSING AND URBAN DEVELOPMENT

JUDGEMENT

(1.) The petitioner is a registered association under the Tamil Nadu Societies Registration Act and the members of the petitioner association are the allottees of houses, flats and plots under the Erode West Neighbourhood Scheme (Phase -I) developed by the Tamil Nadu Housing Board under a layout, which consists of various sizes of housing plots and buildings, namely HIG (High Income Group), MIG (Middle Income Group) and LIG (Low Income Group). After formation of the above said layout, the Tamil Nadu Housing Board took steps for construction of houses in the year 1986 and after completion, made advertisement for allotment of plots and the constructed house. Pursuant to the said advertisement, public at large and the members of petitioner association have purchased the plots cum house on payment of tentative costs. Pursuant to the said purchase, the respondents have executed lease cum sale agreement in favour of the allottees. For the purpose of determining the cost of the plots and buildings allotted to the members of the petitioner association, the cost of the lands which had been paid towards compensation on acquisition of the said lands, was taken into consideration and therefore, no final cost was determined and only tentative cost was fixed.

(2.) The Land Acquisition Officer fixed the cost of the lands which were acquired for the purpose of formation of Erode West Neighbourhood Scheme, at Rs.6.00 per sq.ft. Being not satisfied with the quantum of compensation, the land owners sought for reference under Section 18 of the Land Acquisition Act for enhancement of compensation. The I Additional Sub Court, Erode, while disposing the LAOP, enhanced the compensation from Rs.6.00 to Rs.14.00 per sq.ft. Aggrieved by the said enhancement of compensation, the Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Erode preferred appeal before this Court and a Division Bench of this Court, while disposing the appeal, restored the compensation towards land cost at Rs.6/ - per sq.ft. which was originally fixed by the Land Acquisition Officer. Thereafter, the matter was taken on appeal before the Supreme Court in Civil Appeal Nos.1760 and 1761 of 2004 and by order, dated 30.9.2010, the Supreme Court, confirmed the land cost at Rs.6/ -, however, allowed the appeal with respect to interest on solatium under Section 23(2) and additional compensation under Section 23(1A) of the Act.

(3.) According to the petitioner, the members of the association, having taken possession of the property based on the allotments, have been pursuing the matter with the respondents for execution of the sale deed in their favour, stating that they are willing to pay the appropriate land cost and all other charges which are legally payable. On 22.02.2002, the petitioner association had made a representation to the respondents, stating that though 14 years have lapsed, the respondents have not executed the sale deeds in their favour despite the fact that they are ready and willing to pay all the charges which are legally payable. For the said representation, the respondents had replied on 14.03.2002 stating that the matter is sub judice before this Court in respect of fixation of land cost and necessary action would be taken for executing the sale deeds after receipt of the orders from the Court. Consequently, the respondents Board sent letter on 3.7.2002 to one of the members of the petitioner association, calling upon him to pay the revised and differential land cost which was replied by the petitioner association on 29.7.2002. Similar demands were made by the respondents Board on 8.8.2002, 2.1.2003 and 3.8.2005. While the correspondence was going on, a Writ Petition in W.P.No.29252 of 2004 was filed by the petitioner association, praying for issuance of a Writ of Mandamus, to direct the respondents to fix final cost for all the plots under Phase I of Erode West Neighbourhood Scheme by taking into consideration of the land cost awarded by this Court in A.S.No.364 of 1994 decided on 17.10.2003. While disposing the above said writ petition, by order dated 28.4.2009, a direction was issued by this Court to the respondents Board to fix the land cost and furnish all detailed working sheets to each of the allottees. The operative portion of the said order reads as under: 12. In the result, the Writ Petition is allowed on the following terms: (a) The respondents are directed to fix final cost for all the plots under Phase I of Erode West Neighbourhood Scheme by taking into consideration the land cost awarded by this Court in A.S.No.364 of 1994 etc. batch of cases and maintenance of the scheme from June 1986 to July 1988; (b) The respondents are directed to furnish all detailed working sheet to each of the allottee within a period of eight weeks from the date of receipt of a copy of this order, requesting them to make payment, the final cost within a prescribed time; (c) The petitioners upon receipt of the notice for payment of final cost from the respondents shall make payment of the final cost; (d) The respondents within a period of four weeks from the date of receipt of the final cost, shall execute necessary sale deeds in favour of the members of the petitioner Association and present them for registration. The respondents may also incorporate at last in the respective sale deed that the sale consideration received by them is subject to the final determination of the cost in the appeal pending before the Honourable Supreme Court of India and that the members of the petitioner association shall be obliged to make payment of any differential amount if the compensation awarded in A.S.No.364 of 1994 etc. batch of cases is enhanced. It can also make it clear in the sale deed that the respondents shall have a charge on the property to the extent of differential cost as an unpaid vendor.. Thereafter, it appears that the above said order could not be complied with by the Housing Board and, therefore, the respondents/Board filed W.P.M.P.No.848 of 2009 seeking extension of time, which was granted up to 15.2.2010.