NITIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Since both these proceedings have been directed to be decided together, the same are taken up for final disposal.

(2.) Thereafter on 31/10/2017 the petitioner filed Writ Petition No.7579/2017 before this Court praying that the Amravati Board be directed to implement the order dated 09/03/2017 by delivering possession and conducting the structural audit. During pendency of the writ petition, on 23/03/2018 a letter was issued by the Executive Engineer of the Amravati Board stating therein that the work of construction would be completed within four months. After completion of the work the Board was to make an application to the Municipal Corporation, Akola for being issued the Occupancy Certificate. After receiving the Occupancy Certificate steps for issuing the allotment letter and delivering possession were to be taken. It was also stated that the structural audit would also be done. On 02/04/2018 the aforesaid letter dated 23/03/2018 issued by the Amravati Board was placed before the Court in the aforesaid writ petition. The statements made in the said letter were accepted by way of an undertaking and Writ Petition No.7579/2017 came to be disposed of.

(3.) Thereafter on 05/11/2018 the Estate Manager of the Amravati Board issued an offer letter to the Petitioner in which the total cost of the house allotted to the petitioner was shown as Rs.24,21,082/-. The petitioner was therefore called upon to pay the balance amount of Rs.6,48,704/-. Being aggrieved by issuance of this offer letter dated 05/11/2018 the petitioner has challenged the same in Writ Petition No.4383/2019 contending that having revised the initial price toRs.21,85,000/- further escalation was not permissible. The petitioner also seeks damages from the Amravati Board on account of the delay in handing over possession. By amending the writ petition the petitioner has raised a challenge to Resolution dated 15/12/2015 passed by the Maharashtra Housing and Area Development Authority as being violative of Clause-22 of the Maharashtra Housing and Area Development (Estate Managements, Sale, Transfer and Exchange of Tenements) Regulations, 1981 (for short, the 1981 Regulations). It is also prayed that the defects as indicated in the structural audit be also directed to be removed and damages at 18% per annum from 04/12/2014 on the amount of Rs. 17,77,800/- paid by the petitioner be awarded till delivery of possession.