R BALASUBRAMANIAN Vs. EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER

JUDGEMENT

(1.) (Writ Appeal filed against the order dated 19.09.2003 passed by the learned single Judge in W.P. No.39792 of 2002 as stated therein.) Pursuant to a scheme, the appellant applied for purchase of a plot and order of allotment was issued vide letter No.E3/8669/96 dated 10th April, 1996. The appellant deposited the cost as per order of allotment, executed a lease-cum-sale agreement in June, 1996. The Tamil Nadu Housing Board (hereinafter referred to as 'Housing Board'), later on, demanded the difference in final cost, but having failed to deposit the amount, the Housing Board issued impugned order of eviction on 14th Aug., 2002. Having unsuccessfully challenged the said order, the present appeal has been preferred by the appellant against the order passed by learned single Judge.

(2.) THE main plea taken by the appellant is that the amount as per regular order of allotment dated 10th April, 1996, having been deposited, followed by no objection certificate granted by Housing Board and lease-cum-sale agreement made on 19th June, 1996, the Housing Board cannot demand any further amount from the appellant nor can evict him on the ground of non-payment of such demand, which is illegal. Reliance was placed on a Bench decision of this Court in V.S. Raghunathan " Vs " Tamil Nadu Housing Board, etc. reported in 1997 WLR 25 in support of his claim.

(3.) THE Housing Board has explained in their counter affidavit the reason of enhancement of cost. At para-7 it is mentioned that the appellant had been informed of revision of monthly instalment of Rs.3301/= per month instead of Rs.3230/= per month. THE revision took place due to 18% interest per annum paid for the year earlier to the allotment to the plot in question. Plot No.912 of Mogappair Eri Scheme was allotted to appellant during the financial year 1996-97 (on 10th April, 1996). Such allotment having been made in the financial year 1996-97, the cost of plot, which was earlier calculated as per the allotment for the year 1995-96, was subsequently recalculated adding interest therein, which comes to Rs.1,84,000/= per ground, vide proceeding No.S4/94-96 dated 24th Sept., 1996. On the basis of the said proceeding, the appellant was asked to pay the difference of cost by letter dated 23rd Dec., 1997.