RASILA RAM KAUSHAL Vs. CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) THIS order shall dispose of three Letters Patent Appeals L.P.A. Nos. 237 of 1994, 267 of 1994 and 1022 of 1994. They arise out of the judgment of the learned Single Judge in Civil Writ Petition No. 7563 of 1993, whereby the writ petition has been dismissed.

(2.) THE appellants-writ petitioners in response to an advertisement applied for the allotment of Category III flats in the Modern Residential Complex at Manimajra at a price of Rs. 2.25 lacs per unit. A tentative schedule for making the payment was also laid down in the advertisement. After some delay, an offer was made to the allottees to take possession of the plots and the price along with the schedule of the payment was also given therein. In the said offer, the price which had earlier been determined at Rs. 2.25 lacs was increased to Rs. 3 lacs and the amount of each instalment was also substantially increased. The appellants-writ petitioners challenged the revised price by filing the writ petitions which have been dismissed vide the impugned order. Hence, these appeals.

(3.) LEARNED counsel also points out that a similar claim had been made in Civil Writ Petition No. 6335 of 1993 by some other persons who had been allotted Category IV flats in response to the same advertisement in the same complex. Their claim was partly allowed by the learned Single Judge. However, being not satisfied with the relief granted by the learned Single Judge they preferred Letters Patent Appeal No. 732 of 1995 which was allowed vide order dated 3.8.2005 and the matter was remitted back to the respondent Board for re- decision on the question of escalation of the price of the flats and for redetermining the same in the light of the broad principles laid down in Surinder Singh v. State of Punjab and another, (1997-3)117 PLR 261. Mr. Sarin points out that the terms and conditions of allotment of Category III and Category IV flats are the same. He, therefore, states that the matter is fully covered by the judgment of this Court in Letters Patent Appeal No. 732 of 1995, decided on 3.8.2005 and thus these appeals be also disposed of in the same terms. A copy of the judgment in that case has been placed on record and its operative part reads as under :-