K K KALSI Vs. CHANDIGARH ADMINISTRATION U T

JUDGEMENT

(1.) THIS shall dispose Civil Writ Petitions No. 1042, 1043, 1307, 1577, 1633, 1662, 1674, 1967, 2867, 3140, 5179, 5490, 4257, 4258, 1996 and 10872 of 1994 as common question of law and facts is involved therein.

(2.) IN the year 1989, Chandigarh Housing Board, Chandigarh (hereinafter referred to as the Board) floated a Self Financing Housing Scheme (1989) for General Public of two categories of multi -storeyed flats namely Categories I and II. Applications were invited for registration of applicants for the allotment of these two categories of flats. In category -I the covered area of the flat was to be 1895 sq. ft. at tentative price of Rs. four lacs and in category -II the covered area of the flat was to be 1440 sq. ft. at tentative price of three lacs. In response to the advertisements, the petitioners applied against Categories I and II flats under the Self Financing Housing Scheme and on being successful in the draw of lots the petitioners were issued acceptance/demand letters by the Board. As per acceptance and demand letters, the schedule of payment for category -I was as under : -

(3.) IN the replication, the petitioners have averred that no details of various increase under various categories have been given in the written statement nor ever communicated to the petitioners. Petitioners have denied that the Board utilised its own money for the construction of the flats, rather the Board had surplus amount available with it out of the instalments deposited by the allottees. In regard to charging of profits of 10 per cent and the cost on the flats, the petitioners have submitted that the Board is illegally making profits over and above the departmental charges recovered from the allottees