JASBIR SINGH BANSAL Vs. CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) By this order, we propose to dispose of L. P. A. Nos. 1048 of 2002 and 125 of 2003, as they arise from the same judgment.

(2.) The appellants, alleging discrimination in the fixation of price for the dwelling units, allotted to them, filed Writ Petitions. Vide order, dated 22-5-2002, the learned single Judge dismissed the Writ Petitions, and held that the fixation of a higher price did not suffer from the vice of discrimination.

(3.) The Chandigarh Housing Board floated a scheme for allotment of 1750 dwelling flats in Sector 45-A, 45-B and 39-B, Chandigarh in 1986. For reasons that are not germane to the present controversy, the flats were re-advertised in 1987. The appellants applied for allotment of Category-II flats and deposited a sum of Rs. 8,000/- each, as the initial deposit, as required by the terms and conditions for allotment. The tentative price for each dwelling unit was fixed at Rs. 1.67 lac. The appellants were successful in the draw of lots, held on 20-2-1988 and, therefore, proceeded to deposit installments, as required by the Housing Board. It would be necessary to notice here that no particular floor or flat was allotted. Thereafter, vide advertisement, dated 12-4-1989, the Housing Board informed the successful allottees, including the appellants, that 264 flats of Category-II were under construction, but on account of revised designs, the area of the flats would be increased to 1220 sq. feet and consequently, price of each dwelling unit would be Rs. 2.92 lacs for the ground floor, and Rs. 2.65 lacs for the first and the second floors.