RAVINDER KUMAR DHALL Vs. CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) This judgment shall dispose of two Civil Writ Petitions being C.W.P. No. 15400 of 2005 and CWP No. 1189 of 2006 as the common questions of law and facts are involved in the two cases. For the sake of convenience, the facts are borrowed from C.W.P. No. 15400 of 2005.

(2.) In pursuance to advertisement in the year 1989 issued by the Chandigarh Housing Board, the petitioners applied for the flats in the residential complex at Mani Majra. They were allotted flats and were issued allotment letters requiring the petitioners to deposit an amount of Rs. 55,183/- whereby the price of the flats had been fixed at Rs. 3 lacs. The said price was further enhanced. The petitioners maintain that the aforesaid enhancement of price by Chandigarh Housing Board was totally unjustified inasmuch as there is no enhancement of compensation for the acquired land, which had been used for the purpose of construction of flats.

(3.) The petitioners claim that some allottees who were similarly situated as the petitioners, approached this Court through Civil Writ Petition No. 7563 of 1993 on various grounds. The said writ petition was dismissed by a learned Single Judge of this Court vide order dated April 4,1994. However, the judgment of the learned Single Judge was taken up in appeal by way of L.P.A. No. 237 of 1994. The petitioners claim that after the dismissal of Civil Writ Petition No. 7563 of 1993, notices dated July 20,1994 were issued to the allottees whereby the final price was determined at Rs. 3,71,000/- for a flat. The allottees were required to pay the same either in lump sum or in instalments along with interest. The petitioners further claim that allottees made representation to the Board to keep the matter of recovery in abeyance till the final decision taken in LPA No. 237 of 1994. However, since there was no response from the Board, therefore, the allottees had no other option except to make the payment by way of instalments.