PHOOL CHANDRA RAM Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) In this application the petitioners pray for quashing of that portion of the allotment letters, as contained in Annexure-5, whereby the prices have been fixed as on 30.6.1992 and for issuance of a direction to the respondents t reduce the prices of the weaker section income group (Janta flats) built at Harmoo, Ranchi, in 1974 and, further, for a direction to them to fix the prices of the flats as on the date of their completion as was done in the cases of allotment of similar flats in the past. Further, the petitioners also pray for a direction to the respondents to make necessary repairs of the said Janta flats, including electrical fittings, sewerage system and drain age system as also for eviction of the unauthorised occupants of the said flats before the agreement is executed pursuant to the allotment letters (Annexure-5) with the petitioners.

(2.) In short, the case of the petitioners is that in the year 1974, 360 Janta flats were constructed at Harmoo, Ranchi, by the respondent Bihar State Housing Board (hereinafter referred to as 'the Board'). The Board in the year 1980 made allotment of some of the said Janta flats to the applicants for the same at a price of Rs. 11,000/-. However, as some of the Janta flats remained unallotted, the Board issued fresh notice inviting applications for allotment of 275 Janta flats vide notice published in the "Ranchi Express" dated 28.8.1988, a newspaper published from Ranchi. In response to the said notice, the petitioners, in September, 1988, applied for allotment of the said flats along with a deposit of Rs. 2,500/- as earnest money.

(3.) Further case of the petitioners' is that even after the said notice, in the year 1991, some allotment of Janta flats was made and Rs. 37,640.80 was fixed as disposal price. In support of this, an allotment letter dated 7.8.1991 has been annexed as Annexure-4. Later lottery was held and in May, 1992, the individual allotment letters were issued to the petitioners. A copy of one of such letter as a specimen has been filed as Annexure-5 to the writ application. In the said allotment letter which has been issued by the Manager, Estate-cum-Addl. Secretary of the Board (Respondent No. 2), Rs. 61, 120/- has been fixed as the price for the said flats and the petitioners were asked to deposit Rs. 9, 924/- within 30 days and thereafter to get the agreement executed. As per the terms and conditions of the said allotment, the petitioners have been required to pay Rs. 518/- or Rs. 595/- (as the case may be depending on the date of payment) per month to the respondent by way of monthly instalment and the total price is to be finally cleared in 180 such instalments.