K BALACHANDRAN Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) SINCE the issue raised is similar and common in all these writ petitions, they are being disposed of by the following order.

(2.) FOR convenience, I shall refer to the factual details as stated in W.P.No.7644 of 2002. According to the petitioner, he had applied for the allotment of a plot under the self-finance scheme promoted by the Tamil Nadu Housing Board. The property was located at R.M. Colony, Phase I and his application is dated 08.03.1995. Nearly 1000 persons applied and 125 of them were declared as successful allottees. The petitioner was called upon by the third respondent while confirming the allotment in his favour to pay a sum of Rs.58,000/- within 21 days from the date of receipt of the order. The scheme envisages payment schedule and in failure thereof attracts penal interest at the rate of 20% per annum and to face a threat of cancellation of allotment. Equally the Board had to adhere to the time schedule in the construction and any delay in the construction would require the Board to pay 8% interest on the amounts advanced beyond 2 years till the house is constructed. As far as land cost is concerned it is stated as tentative since the acquisition of lands is said to be subject to acquisition proceedings and determination of land cost would be arrived at after finality is reached in those proceedings. On 14.03.1996, the petitioner was called upon to pay a sum of Rs.24,521/- being the difference in cost of the land and interest charges on or before 31.03.1996. On 10.04.1996, the petitioner was called upon to take possession of the property and the Housing Board also handed over possession. While handing over the possession of the property, the Housing Board had clearly recorded that the petitioner had paid the full cost of the land and building amounting to Rs.6,04,521/-. Since the Housing Board did not yield to his persistent requests for execution of sale deed, the petitioner represented his case to the Dindigul Rani Mangammal Nagar Self Finance House Owners Welfare Association to espouse his cause. The said Body made several representations. The petitioner was directed to pay sum of Rs.9,39,997/- towards difference in land cost and the amount is to be paid by 31.12.2001 and thereafter with interest at the rate of 15% per annum besides penal interest. At this stage, on receipt of the said notice, the petitioner and others who are similarly placed, approached this Court by way of separate writ petitions.