Patna High Court
Citizens Cause vs Bihar State Housing Board And Ors. on 31 July, 1990
Equivalent citations: 1992(1)BLJR367
JUDGMENT
Satyeshwar Roy and Dharampal Sinha, JJ.
1. This writ application has been filed as a public interest litigation for issuance of a direction to the Bihar State Housing Board, respondent No. 1. for making final allotments of the Low Income Group (L.I.G.) flats to the persons who were declared successful in the lottery held on 22-8-1987.
2. It was admitted on behalf of the respondent Board that out of the persons registered for allotments of houses under, L.I.G. Scheme, 118 persons had become successful in the lottery held on 22-8-1987. So far as the allotment of one flat was concerned, it was not made as the successful applicant concerned had not produced the caste certificate. In this case, we are concerned with 117 allottees.
3. In the counter-affidavit, it was accepted that letters were issued in 1987 to 117 allottees informing that allotment of flats will be made on completion of formalities. In view of this statement, by order dated 2-5-1990 this application was confined to the question as to whether the allottees were liable to pay the price of the flats a per valuation prevalent in the year 1987 or 1990. The allottees claim that it should be valued at the price prevailing in the year 1987, whereas according to the Board, it should be valued at the price prevailing in the year 1990, when the allottees were called upon to execute the agreement and deposit the necessary amount.
4. In paragraphs 14 and 15 of the writ application, it has been asserted that construction of all the flats were completed in the year 1987, and the delay in allotment was because of laches on the part of the Housing Board. This averment has not been denied in the counter-affidavit. Regulation 33 of the Bihar State Housing Board (Management and Disposal of Housing Estates) Regulation, 1983, inter alia, provides that immediately after the decision on allotment of the dwelling units has been taken, the applicants shall be required to pay/deposit money equal to 20% of the disposal price. In this case, the lottery was held on 22-8-1987 and the Board also issued letters on the very day to the persons who were registered for the L.I.G. flats and had succeded in the sad lottery deciding to allot the flats to them. Specimen copies of letter dated 22-1-1987 issued to the allottees are Annexure-3 series to the writ application. The Board was required to fix the disposal price of each of the flats, to direct the allottees to deposit 20% of the disposal price and to enter into an agreement. The Board did not take any step in spite of issuance of letters as contained in Annexure 3 series by assessing the disposal price of the flats directing the allottees to deposit 20% in terms of Regulation 33. From Annexure-C to the counter-affidavit, it appears that the State Government had also written to the Board with regard to the delay in starting the construction and making allotments of the flats. It was observed in Annexure-C that it was not desirable to recover interest from the allottees from the delay made by the Board. In the circumstances, we are of the opinion that it is equitable that the disposal price of the flats should be fixed as it was in the month of August, 1987 when the lottery was held.
5. We therefore, allow this application, quash Anuexure-4, a specimen copy of the letters received by the allottees wherein the disposal price has been mentioned as Rs. 62,800 on the basis of the price as on March 1990, and direct the Board to fix the disposal price keeping in view the actual cost of construction and other charges as in August 1987. This must be done within two months from the date of receipt of a copy of this order and within a month thereof, the allottees should be directed to deposit the requisite amount in terms of Regulation 33 aforesaid and complete all formalities. If any of the allottees has deposited the amount in terms of Annexure-4, the Board shall adjust the same against the dues of that particular allottee.