RESIDENTS WELFARE ASSOCIATION (REGD) HOUSING BOARD COLONY, FARIDABAD THROUGH ITS GENERAL SECRETARY AND OTHERS Vs. HOUSING BOARD, HARYANA THROUGH ITS CHIEF ADMINISTRATOR, CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) THIS revision petition is on behalf of the plaintiffs against the order dated December 23, 1986 passed by District Judge, Faridabad whereby an appeal filed by the defendant Housing Board, Haryana was allowed.

(2.) THE plaintiffs brought a suit for declaration with consequential relief of permanent injunction as well as mandatory -injunction restraining the defendant Housing Board from claiming enhanced price of the houses from the plaintiffs.

(3.) SHRI Pardeep Gupta, Advocate for the petitioners, has argued that the lower appellate Court did not take into consideration the plea of the defendant -Board in the written statement that while determining the enhanced rates of the price of the houses, the administrative charges, interest, cost of the land and nominal profits were taken info consideration. On going through the judgment of the lower appellate Court, I find that the plea of the defendant -Board was generally taken that the Haryana Urban Development Authority had raised the compensation for the land and consequently the defendant -Board was forced to raise price of the houses A similar matter was earlier considered by G.C. Mital J. in C.W.P. No. 381 of 1981 (Ravinder Rastogi v. The Housing Board Haryana C.W.P. No. 381 of 1981) wherein while justifying the enhancement in the price, eleven items were taken into consideration and it was held that only enhanced compensation awarded and interest on the enhanced compensation could be taken into consideration. It may be stated here that the other items which were not allowed related to administrative charges, conservancy charges, development cost etc. In the present case, as already stated above, apart from interest and cost of the land, other charges taken into consideration are administrative charges, nominal profits etc. These items obviously could not be taken into consideration while enhancing the price of the houses under clause 2(w) of the agreement entered between the parties which is as under: -