Vijay Bhushan Mehta and Others vs Punjab Housing Development Board and Another

Ajay Kumar Mittal, J.—The petitioners by way of present writ petition filed under Articles 226/ 227 of the Constitution of India have made a challenge to the enhancement of the price in respect of MIG Flats which were allotted to them. As per averments made in the writ petition, the petitioners were allotted House No. 107, 116 and 117 respectively under "Partial Self-Financing Scheme (MIG), Garha Road, Jalandhar". The tentative price of each flat was fixed as Rs. 1,40,000/-which was subsequently, enhanced to Rs. 1,93,500/-and it was further revised to Rs. 1,97,600/-(Annexures P-2 to P-4).

Learned counsel for the parties are agreed that in respect of the same scheme CWP No. 14380 of 1989 titled as Dalip Singh Loomba and others vs. Punjab Housing Development Board wherein, the petitioners had challenged the similar recoveries against the flat owners and the writ petition was disposed of on 18.03.2009 in the following terms:-

I deem it appropriate to dispose of these writ petitions with a direction to the respondents to furnish the statement of accounts to the petitioners broadly explaining as to how the final cost of the flats has been worked out. On receipt thereof, the petitioners shall be at liberty to deposit the demanded amount within a period of two months along with simple interest @ 10% per annum from the due date and in that event no penal interest or penalty shall be imposed on them. However, if the petitioners fail to deposit the amount within the stipulated period, the respondents shall be at liberty to charge penal interest and/or impose penalty on them. Needless to say that if the petitioners have already made payments under a particular sub-head, namely, the cost of the land or the interest, the said amount shall be proportionately adjusted.

In view of the above, the present writ petition is disposed of in the same terms.