CHHAYA ARORA Vs. HARYANA HOUSING BOARD

JUDGEMENT

(1.) THIS judgment will dispose of Civil Writ Petition Nos. 13307 of 1989, 16583 of 1989, 15757 of 1989, 15703 of 1989. 14773 of 1989, 14190 of 1989, 13864 of 1989, 13824 of 1989, 13905 of 1989, 15779 of 1989, 13823 of 1989, 13487 of 1989, 13412 of 1989, 13409 of 1989, 13307 of 1989, 13306 of 1989, 16615 of 1989, 1586 of 1990 and 2659 of 1990, since common questions of law arise for determination in all these cases.

(2.) A reference to the facts for adjudication of the dispute has been made from the pleadings in Civil Writ Petition No. 13307 of 1989. Respondent No. 1 framed Scheme No. 1 and pursuant thereto invited applications in February 1986 for allotment of built up houses/flats at Pauchkula, Hissar, Kalka. Rewari and some other towns in the State of Haryana. These houses/flats were to be allotted on higher purchase basis on easy instalments. The allotment was to be made on draw of lot incase the number of applicants exceeds the number of houses/flats available. In the broucher the Sale price of HIG (ground floor) and HIG (1st floor) was fixed at Rs. 1,37,700/. and Rs. 1,16,50/- respectively at Kalka. The petitioner submitted her application for H. I. G. home at Kalka which was registered by the respondent No. 2 vide registration No. 18/gf/hig, dated November 6, 1986. The petitioner was allotted HIG (ground floor) House No. 13 by respondent No. 1 in 1987. The petitioner unsuccessfully represented to the respondents for delivering possession of the allotted house. The petitioner received allotment letter No. 2423 dated September 26, 1989. In the allottment letter, the respondents claimed enhanced price of Rs. 2,07,300/- for the said house asking her to deposit the money within 30 days from the issuance of the letter and obtain possession thereof. She was also asked to execute an agreement and take possession of the house within 30 days failing which her name will be removed from the allotment register and any amount upto 50% of the earrest money deposited by her will be forfeited. Sarvshri Madan Lal Kashayap and Pawan Kumar Chopra had applied for HIG houses under Scheme No. 1 at Kalka. Their applications were registered by respondent No. 2 on March 28, 1987 and July 21, 1987. They were allotted houses (HIG ground floor) Nos. 56 and 73 on June 13, 1988 and January 13, 1988 respectively at the original price of Rs. 1,37,700/ -. The application of the petitioner was registered on November 6, 1986 but an enhanced price of Rs. 2,07,300/-is claimed from her. The increase in price is wholly arbitrary.

(3.) THE respondents in their written statement maintained that in the broucher it was stated that the price fixed was tentative and the Board reserves the right to demand any amount due to arbitration award, judicial award and finalisation of costs. It was controverted that the allotment was made in 1987 and it was made only in September 1989. It was further plea (sic)ed that the cost of the house which was originally fixed at Rs. 1,37,700/ and raised to Rs. 2,07,300/- has now been finalised at Rs. 1,50, 000/ -. When the broucher was issued the houses were in the process of completion. As soon as the houses were complete, the same were offered to the allottees. The houses are being offered to the allottees at the revised price.