RAM SINGH Vs. CHANDIGARH HOUSING BOARD CHANDIGARH

JUDGEMENT

(1.) THE controversy in this bunch of writ petitions is with regard to the price of the ten shop-cum-flats constructed by the Chandigarh Housing Board in Sector 40-C Chandigarh.

(2.) A reference to the material on record would show that the Chandigarh Administration, by its letter to the Estate Officer (No. 5248-UTFI (2)-82) of July 13, 1982, a copy of which was endorsed to the Chandigarh Housing Board decided to allot 1191. 66 square yards of land to the Chandigarh Housing Board, for ten shop-cum-flats in Sector 40 at the rate of Rs. 500/- per square yard. The Board, thereafter decided to construct these 10-shop-cum-flats in Sector 40-C and in 1983 issued an advertisement (anne-xure P/ 1), inviting applications for them. Each shop-cum-flat was to be a four-storeyed building, namely; basement, ground floor and first and second floor and its tentative price was mentioned as Rs. 8. 5 Lakhs. It appears that, in response to this advertisement only 3 or 4 applications were received. The Board thereupon modified the Scheme by reducing the plinth area of the shop-cum-flats to 1980 square feet and also restricted the construction to be made to only the basement and the ground floor. The tentative price was consequently reduced to Rs. 5 Lakhs. The advertisement to this effect was issued on Nov. 11, 1983 in response to which only another six applications were received. Construction of these shops was thereafter commenced sometimes in 1984.

(3.) LATER, when the shop-cum-flats were only partially built, the Board in May 1986 re-advertised the sale and allotment for these shop-cum-flats.