AMIT PANDE Vs. M P HOUSING BOARD

JUDGEMENT

(1.) The Petitioner has filed this petition against the orders, Annexure P-3 and Annexure P-4, by which the Petitioner has been asked to deposit additional amount in regard to allotment of a flat.

(2.) Respondent No. 1 issued an advertisement inviting applications in regard to allotment of flats in "Shrimant Madhavrao Scindia Enclave", Darpan Colony, Gwalior. The Respondents proposed to construct two types of flats, namely, H.I.G. and M.I.G. Flats, total 32 flats of each types and area 126 sq. meters and 95 meters each types respectively. In the advertisement the approximate cost of H.I.G. Flat Rs. 10.50 lacs and for M.I.G. Flats Rs. 8.50 lacs have been mentioned. It has further been mentioned in Clause (4) of the conditions of registration and allotment in the advertisement that cost is provisional and it could be enhanced subsequently on the basis of actual cost.

(3.) The Petitioner applied for purchase and allotment of the flat and he was allotted the flat. The Petitioner deposited the required amount at the time of registration. Subsequently, vide letter dated 11.07.2007 the Petitioner has been informed by the Respondents that there is a likelihood that the cost of the flat be increased between 10 to 20 %. It has further been submitted that the Petitioner has to pay additionally the service tax, lease-rent and maintenance local charges. The Petitioner accepted the aforesaid proposal. However, vide final order, at the time of allotment, the Respondents further charged parking-charge of Rs. 44,215/-and premium of land at Rs. 1,70,900/-, which is under challenge in this petition. The Petitioner has further been informed vide letter dated 06.04.2007 to deposit the amount fixed vide Annexure P-3, a total amount of Rs. 14,15,548/-within a period of 10 days, failing which the allotment of the flat to the Petitioner shall be cancelled.