LAWS(P&H)-1993-6-17

DALBIR SINGH BHAGAT Vs. CHANDIGARH ADMINISTRATION

Decided On June 02, 1993
DALBIR SINGH BHAGAT Appellant
V/S
CHANDIGARH ADMINISTRATION Respondents

JUDGEMENT

(1.) THE Chandigarh Housing Board (hereinafter referred to as 'the Board') invited applications for multi storeyed flast at Manimajra under a self financing scheme. Last date for receipt of application was July 8,1989. In category I, the covered area was to be 1895 square feet and tentative price was Rs. 4 lacs. In case of category II, the covered area was to be 1440 square feet and tentative price was Rs. 3 lacs. The petitioners applied and after draw of lots were issued acceptance letters setting out the schedule of payment. A specified amount was payable within 30 days and the balance in four half-yearly instalments. It appears that the petitioners paid the amount On April 9, 1992, however, the Board issued letter (Annexure P-3') seeking to increase the price of the flats in both the categories. In respect of Category I, the price was sought to be increased from Rs. 4. 00 lacs to Rs. 6 25 lacs. In case of Category IT, it was increased from Rs. 3. 00 lacs to Rs. 4 75 lacs. Afresh schedule for payment of the enhanced amount was also given in the notice (Annexure'p-3') failing which the registration was to be cancelled. The petitioners made representations (Annexure 'p-4' and 'p-4/a') seeking reasons/justifications for the proposed increase. No reply was given by the Board. the petitioners have challenged the enhancement as being totally arbitrary and without any authority of law. They seek appropriate writ/ direction to the Board to deliver possession of the flats adhering to the schedule of payment vide Annexure 'p-l'.

(2.) IDENTICAL question is raised in connected Civil Writ Petitions (Nos. 9217, 10413, 10507, 10758, 13705, 15288 and 15368 of 1992) which are being dealt with and disposed of along with the aforesaid writ petition.

(3.) WRITTEN statement has been filed in the present writ petition. Mr. Ashok Aggarwal, Senior Advocate, appearing for the respondent Board, states that similar written statement may be taken as having been filed in the remaining connected petitions.