AJAY KUMAR SINGHAL Vs. CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) By this common order, I propose to deckle five connected Civil Writ Petitions bearing Nos. 3265, 1 1452 and 12922 of 1993. 3752 of 1994 and 1705 of 2002, as common questions of fact and law are involved in all these petitions. Learned counsel representing the parlies also suggest likewise. The bare minimum facts that need necessary mention, however, have been extracted from Civil Writ Petition No. 3265 of 1993.

(2.) The Chandigarh Housing Board floated a scheme for allotment of 1750 dwelling flats in Seclors 45-A, 45-B and 39-B, Chandigarh, in 1986. Last date for receipt of applications for allotment of these dwelling units was fixed as 4-12-1986. However, inasmuch as, response to the advertisement, referred to above, was poor, a fresh advertisement/notice came to be issued in 1987. pursuant to which, petitioners applied for Category-II flats in the same year and deposited an amount of Rs.8,000/- as initial deposit, so required under the terms and conditions of the allotment of a dwelling unit. Fora dwelling unit, which would have a constructed area of 1000 sq. ft., the Chandigarh Housing Board fixed the price at Rs. 1.67 lac. On the draw of lots, that was held on 20-2-1988 for allotment of flats, petitioners were successful and accordingly, they started depositing instalments as fixed by the Chandigarh Housing Board Vide advertisement, Annexure P-3. dated 12-4-1989. the Chandigarh Housing Board informed that 264 flats of Category-II are being eonslructed as per revised design, area whereof would be 1220 sq. ft. and the price of such a revised dwelling unit would be Rs.2.92 lac for ground floor and Rs.2.65 lac lor Ist and IInd floors. Inasmuch as. in the draw of lots held on 20-2 -1988, petitioners had been only allocaled floors and no flat numbers, as such. were allotted fo them, a draw of lots for 162 flats of Category-II was held on 26-5-1990. The petitioners, however, did not figure in the said draw of lots. Therefore, yet another draw of lots was held on 15-9-1991, wherein petitioners were successful and were allotted flat numbers as well, possession whereof was given to them in December 1991. The price of these flats for ground floor was. however, fixed at Rs.3.80 lac and for Ist and IInd floors at Rs.3.42 lac. which was later on revised and reduced vide order. Annexure P-7. dated 27-11-1992. whereby ground floor was to cost Rs.3,65,100/-, whereas price of Ist and IInd floors was to remain the same.

(3.) The only contention, that has been raised on the facts, stated above, is that petitioners have been discriminated inasmuch as for the allotment of dwelling units floated in the same scheme whereas the petitioners have been asked to pay an amount of Rs.3.80 lac for Ist Floor and Rs.3.42 lac for IInd and IIIrd Floors, those. who were successful in the first draw of lots. were charged Rs.2.92 lac for ground floor and Rs.2.65 lac for Ist and IInd floors. This is the only point raised during the course of arguments.