SUDHA GUPTA Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The petitioner is aggrieved of the Rajasthan Housing Board (hereinafter 'the RHB') notice dated 23.07.2015 stating that non deposit of the demand amount of Rs.51,36,912/- by 02.06.2015 would entail cancellation of the registration/allotment of flat No.12/B- 801 Bhrighu Apartment Mansarovar (hereinafter 'the flat'). The petitioner has also challenged the allotment letter dated 03.03.2015 to the extant RHB required her to deposit Rs.51,36,912/- towards the aggregate price of a flat with parking, allotted to her on an Out-Right Sale basis in the MIG-B category on the ground that the aforesaid price is exorbitant and arbitrary. The consequential prayer is that RHB be directed to issue a revised allotment letter appropriate to the price set out in the information booklet at the time of the registration in 2012.

(2.) Facts set out by the petitioner are that RHB launched a Registration Scheme 2012 for allotment of flats in the medium income group (MIG) with a basement plus stilts in a 10 storied building situate at Sector-1, Mansarovar, Jaipur. The flat area was to be approximately 1200 square feet while the indicative price was Rs.36 lacs. The petitioner was declared successful in the lottery as communicated vide letter dated 22.01.2013. She was required to initially deposit three installments of Rs.70,000/-, Rs.70,000/- and Rs.65,000/- each toward seed money, which she timely did.

(3.) The allotment of the flat was then made under the letter dated 03.03.2015, for an aggregate price of Rs.51,36,912/- payable within three months. It is alleged that RHB is unlawfully charging a sum of Rs.11,79,644/- as interest in the aggregate price of Rs. 51,36,912/-. Further the land price has similarly been arbitrarily fixed on the DLC rate not as of the date of registration for allotment of the flat but on the date of the allotment. The petitioner states that rate of inflation, the rate of labour, the cost index of fuel and power, the cost index of all commodities and the cost index of grey cement between September 2012 about the time the registration with the indicative price of Rs.36 lacs was made and February 2015 when the allotment was made has been minimal and hence the unconscionably enhanced price is wholly arbitrary, as RHB is under a statutory mandate to operate on "No profit No loss" basis. The allegation is that even otherwise the quality of construction of the building and the flat allotted therein is woeful and incomplete. Protestation under representation dated 02.06.2015 to the RHB were of no avail. Hence, this petition.