BIHAR STATE HOUSING BOARD Vs. PHUL CHANDRA RAM

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment dated 4th March, 1994 passed in CWJC No. 1984 of 1998R whereby the learned Single Judge allowed the writ petition filed by the petitioners (respondents herein).

(2.) THE petitioner -respondents herein, filed the aforementioned writ petition seeking a writ for quashing that portion of the allotment letter (annexure 5) whereby the appellants -Bihar State Housing Board (shortly the Board) fixed the price of the flats as on 30.6.1992 and directed the respondents (appellants herein) to reduce the price of the flats of the weaker section income group (i.e., Janta flats built at Harmoo, Ranchi). The writ petitioners also sought a direction upon the Board to make necessary repairs of the said flats and to execute agreement pursuant to the allotment letters as contained in annexure -5 to the writ petition.

(3.) THE respondents -Board contested the case by filing counter affidavit stating, inter alia, that in 1980 price of the said flats was fixed at Rs. 11,000.00 which was the tentative one and in August, 1987 the price on re -calculation was fixed at Rs. 37,640.80. Respondents' further case was that the price of the flats was fixed in the light of the observation of this Court made in CWJC No. 1779/89R. It was stated by the Board that those flats were constructed by the Board after taking loan with high interest from various financial institutions and, as such, final costing of the houses/flats depends on the interest to be paid by the Board to such financial institutions.