SHANTINAGAR NAGRIK MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner No. 1 is an association of purchasers of tenements from respondent No. 2 under the Economically Weaker Section of housing Scheme (hereinafter referred to as 'l. I. G. and E. W. S. Scheme' ). These schemes are floated by the 2nd respondent Development Board. Under these schemes, the 2nd respondent which is the Housing and Area Development board has constructed various tenements to be sold to the persons falling under the lower income as well as economically weaker section of societies on what is known as 'ownership basis'. The said scheme provided that the tenements will be sold on hire purchase and the purchaser will be entitled to make payment of the purchase price in instalments for 30 years. It is further provided that at the end of the said period when the entire purchase price is paid, the various tenement holders will become the owners in respect of their respective tenements. Under the said scheme, it is further provided that the said tenement holders till and until acquires the ownership right in the said tenements will continue to be allottees and/or tenants thereof and they will be entitled to occupy the same as tenants.

(2.) IN pursuance of the said scheme, various persons applied for allotment of the tenement and the 2nd respondent Board has by their letter dated 5-8-1974 allotted the tenements. Under the letter dated 5-8-1974 it has provided that the allotment will be subject to the provisions of the M. P. Housing Board act, 1950 and the regulations framed thereunder. The said letter further provided for filing of an undertaking under Clause 4 thereof to accept the said tenement on hire purchase basis. Clause 9 of the said letter reads as under :-

(3.) THEREAFTER on 28-10-1974 an allotment letter has been issued to the various tenement holders. One of such allotment letter as and by way of sample is annexed as Annexure "b" by the petitioner to this petition. Clause 8 of the said allotment letter inter alia reads as under :- (8) During the period of tenancy the allottees shall be responsible at his/her cost to pay Municipal taxes, water and electricity charges to the authorities to whom such taxes and charges are due. He shall also bear pay and discharge all rates, taxes, assessments, duties, ceases, impositions and outgoings whatsoever assessed, imposed or charged on the tenement and the land appurtenant thereto. "