TAMIL NADU HOUSING BOARD Vs. AVADI THANIRAIVU VEETUMANAI THITTAMANI OTHUKEEDUTHARARKAL NALAVAZHU SANGA

JUDGEMENT

(1.) THIS writ appeal is directed against the order passed by the learned single Judge in W. P. No. 22878 of 2002 dated 27. 6. 2002, allowing the writ petition filed by the respondents herein.

(2.) THE respondents herein filed the writ petition stating that they are registered Societies under the Societies Registration Act and in the first respondent Society about 497 members and in the second respondent Society 400 members were allotted house plots by appellants/the Housing Board under the Avadi Scheme in the year 1993. The concerned members have also constructed houses in the plots allotted to them and they are residing therein. The Housing Board passed resolution No. 45/2000, pursuant to which the second appellant herein by letter dated 30. 7. 2001 directed the subordinate officials to execute and present the sale deeds for registration and conveying the plots to the members of the respondent Societies after collecting the capitalised value of the plots with interest. At the time of allotment, the appellants herein fixed tentative price for each category of the lands allotted to the members. The members of the respondents Societies have also paid part of the tentative price fixed and agreed to pay the balance in monthly installments ranging from 10 to 15 years and the monthly installments are also being paid regularly. Some of the members of the respondents Societies paid the entire outstanding amounts and the appellants/housing Board issued no due certificate to such of those members and executed the sale deeds in favour of the members, who have paid the entire tentative cost fixed by the Housing Board at the time of allotment. According to the respondents Societies, about 50% of the members have been issued with sale deeds in their favour.

(3.) ON 22. 9. 2000, the appellants stopped execution of sale deeds even to the members who have paid the entire dues and on enquiry, the members of the respondent Societies were informed that the Housing Board enhanced the price of the plots and only after paying the enhanced price, the sale deeds will be executed. The action of the Board in demanding difference in cost with interest through demand made on 30. 7. 2001 was challenged in the writ petition by contending that the price, even though fixed in February, 1992, was tentative, the allotments were made in January 1993 and therefore the demand of cost at the rate fixed in January, 1993, is unsustainable and the demand of interest for the said amount is also not valid.