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"HOUSING BOARD HARYANA HOUSING BOARD COLONY SONEPAT DATED 9.12.78 REGD.
No.830 Sh.Dharam Pal c/o Mangat Ram Redy, Model Town , Smalkha (Karnal) Reference: Your application for registration No.64/EWS
2. EWS/LIG|MIG Tenement No.285 Area 49.94 S.Yds. The Housing Colony at Sonepat is allottes to you on hire-purchase basis on a tentative price noted below:

4. After about 10 years, the Estate Manager, Sonepat issued notices to the appellants and directed them to pay additional price in lieu of the enhanced compensation allegedly paid by Improvement Trust, Sonepat for the land which was sold to the Board. The appellants challenged the notices by filing writ petitions under Article 226 of the Constitution. They pleaded that in view of clause 2(w) of the Hire Purchase Tenancy Agreement, the Board cannot demand additional price after 7 years of the allotment of tenements. The appellants further pleaded that most of them had already paid the installments of price specified in the allotment letters and many of them had also obtained no dues certificates. They relied upon Resolution dated 10.05.1989 passed by the Board not to recover the additional cost of land from the allottees and prayed that in view of the decision taken by the Board, the demand notices should be quashed. In the written statement filed on behalf of the respondents it was not denied that the Board had decided not to charge additional price from the allottees but it was averred that they were under a moral obligation to share the burden of additional cost paid to the Improvement Trust.

9. We have considered the respective submissions. For deciding the question arising in these appeals, it will be useful to notice the extracts of agenda item Nos.109-113 of the Board's meeting held on 10.5.1989, resolution passed in that meeting and Clauses 10(1) and (2) and 11(1), (3) and (4). The same are reproduced below:

AGENDA ITEM AND RESOLUTION OF THE BOARD "To consider and accord ex-post-facto sanction to the payment of enhanced land compensation for the land purchased by Board at Sonepat Phase I & II from Improvement Trust, Sonepat.

Board is further requested to approve the raising the demand from allottees of Sonepat Phase I & II at the tentative recovery rate of Rs.229/- per sq. yard.

The following resolution passed by the Board on dated 11.5.89.

1) The consider & accord ex-post-facto sanction to the payment of enhance land compensation for the purchase of land phase I & II from Improvement Trust, Sonepat.
2) The Board accorded ex-post-facto sanction for the payment of Rs.53,98,091-00 the Improvement Trust, Sonepat and State Govt. may be approached for reimbursing this amount as demand from allottees cannot be raised at this stage."