CHANDIGARH HOUSING BOARD Vs. SUKH PAL SINGH KANG

JUDGEMENT

(1.) CHANDIGARH Housing Board, hereinafter referred to as the Board, in the year 1936 advertised a Housing Scheme for general pubjic for allotment of built-up dwelling units in Sector 45a and b in Chandigarh. The terms and conditions were contained in brochure and were duly advertised. 4th December, 1986 was stated to be the last date for submission of applications. The dwelling units were three stroreyed flats which were offered in the scheme on tentative cost and were divided into three categories. The terms and conditions provided for eligibility and method of allotment; terms and conditions of payment and the consequences flowing them were mentioned in the brochure one of the important conditions of payment was as under :--

(2.) THE main controversies raised by the respective parties before us in these appeals have already been dealt with by us in our detailed judgment passed in another Letters Patent Appeal No. 792 of 1995 titled 'chandigarh Housing Board v. K. K. Kalsi and others, decided on 15-3-1996, though dealing with a different scheme. For the reasons stated in the said judgment we do not find any merit even in these appeals.

(3.) DETERMINATION of minute accounts and niceties of accountancy are beyond the purview and scope of such jurisdiction and which will also not be permissible to deny the development charges based upon a reasonable and satisfactory explanation. In the present case the only additional controversy that arises for consideration is that whether the respondents have declared their reasons for increased cost to the satisfaction of the Court and further whether they were justified in increasing the cost as a result of delayed construction.