KRISHAN LAL Vs. HOUSING BOARD

JUDGEMENT

(1.) THE Housing Board, Haryana invited application by the end of December, 1980 for allotment of constructed flats of various categories in Sector 29, Faridabad. These flats were to be allotted on hire-purchase basis and the allotment was to be made by draw of lots in case the number of applicants exceeded the number of flats available. Petitioners whose monthly income was between Rs. 601 and 1500 applied for allotment of ground floor and first floor of Middle Income Group (for short MIG) flats, in pursuance to the advertisement. In the brochure, the proposed sale price and the instalments payable by the petitioners of MIG category flats were as under: mig (Ground Floor) Rs. 39,400/- Payable in 10 years monthly instalments of Rs. 410/mig (First Floor) Rs. 37,800/- Payable in 10 years monthly instalments of Rs. 400/ At the time of entertaining application in the year 1980, the petitioners deposited Rs. 1970/- for the ground floor and Rs. 1890/- for the first floor. Thereafter on demand by the respondent-Board in March/april, 1982, the petitioners further deposited Rs. 3940/- for the ground floor and Rs. 3780/-for the first floor. The remaining difference of 25% of the proposed total cost was to be deposited at the time of allotment.

(2.) SOME flats were constructed by the respondent-Board in the year 1983 and allotted to the applicants at the rate of Rs. 68,000/- per flat. The construction of some of the remaining flats was completed in the year 1986 and these flats were allotted at the rate of Rs. 72,400/- per flat for the ground floor and Rs. 68,500/- per flat for the first floor subsequently enhanced to Rs. 77,100/and Rs. 72,900/- respectively. The further allegation of the petitioners that the respondent-Board completed construction of more flats in the year 1986 but these flats were allotted to the petitioners in the year 1989. The tentative price per flat was mentioned at Rs. 1,00,200/- with additional cost of the land to the tune of Rs. 6,265/ -. The allottees were further required to deposit a sum of Rs. 25,740. 25 paise on account of cost of additional land and initial instalment. Further, the monthly instalment was fixed at Rs. 1266/- spread over a period of eight years. Similar letters were issued regarding flats on the first floor with minor variations in the allotment prices. One of the allotment letters relating to ground floor is Annexure P-5 and that of the first floor is Annexure P-6. Similar allotment letter were issued in favour of other petitioners. The petitioners deposited the amounts as mentioned in the allotment letters Annexures P-5 and P-6 and got possession of the flats allotted to them. The allegation of the petitioners is that they accepted allotment under compelling circumstances as while seeking possession, they were made to sign certain documents in good faith. The petitioners thereafter received letters dated May 30, 1991 informing them that the cost of the flats has been finalised subject to subsequent enhancement of land compensation and escalation due to judicial orders or arbitration awards payable by the allottees as and when demanded by the Board. The petitioners by the said letter were thus, informed about the final cost of the flats to the tune of Rs. 1,20,700/- for the ground floor and Rs. 1,15,700/- for the first floor, thus requiring them to pay the balance amount of Rs. 20,500/- and Rs. 19,600/- respectively. It is this demand made by the respondents which has been challenged in the present writ petition on various counts.

(3.) THE respondent controverted the claim of the petitioners by filing written statement.