DEVENDRAJI Vs. JHARKHAND STATE HOUSING BOARD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioners are aggrieved by letter dated 6th December 2006 (Annexure-7 series) issued by the Manager, Land Estate, Jharkhand State Housing Board, Ranchi whereby the Board has fixed the tentative price of the flats at Rs. 9,47,120/-.

(3.) Counsel for the petitioners submits that in terms of the notice contained at Annexure-2 dated 31.03.2001 as also the notice contained at Annexure-4 dated 28.07.2004, applications were invited from the intending buyers for purchase of the flats at Dindli, Adityapur, Jamshedpur Housing Colony being constructed by the Housing Board. Counsel for the petitioners submits that the estimated cost shown for the HIG flats as per the said notice was Rs. 6,78,471. Petitioners made the offer to purchase the flat, but after three years, allotment order as contained at Annexure-7, has been issued whereby the petitioners have been asked to deposit the tentative price of Rs. 9,47,120/- as on 31 st December 2006. for allotment of the flat in the said Housing Colony. Counsel for the petitioners submits that the respondents have not acted as per the terms and conditions of the notice itself which contemplated that the Board have to justify the increase in the estimated cost on the basis of the land acquisition cost, repayment of interest to the financial institution, etc. which the respondents have failed to do while arbitrarily fixing the tentative price at higher rate of Rs. 9,47,120/-. Counsel for the petitioners submits further that the entire amount as shown in the allotment order has been deposited by the petitioners under protest, whereafter, final perpetual lease deed was executed in favour of the petitioners which has been brought on record by way of supplementary affidavit. Learned counsel for the petitioners submits that the escalation of the price is without justification and therefore, is arbitrary which needs to be set aside by directing the respondent Housing Board to honour the price quoted in their notice inviting offer as contained in Annexures - 2 and 4.