{"id":66398,"date":"1997-03-20T00:00:00","date_gmt":"1997-03-19T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/awasan-mandal-parijat-uchayawarg-vs-rajasthan-housing-board-ors-on-20-march-1997"},"modified":"2016-05-04T21:48:50","modified_gmt":"2016-05-04T16:18:50","slug":"awasan-mandal-parijat-uchayawarg-vs-rajasthan-housing-board-ors-on-20-march-1997","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/awasan-mandal-parijat-uchayawarg-vs-rajasthan-housing-board-ors-on-20-march-1997","title":{"rendered":"Awasan Mandal Parijat Uchayawarg … vs Rajasthan Housing Board & Ors on 20 March, 1997"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Awasan Mandal Parijat Uchayawarg … vs Rajasthan Housing Board & Ors on 20 March, 1997<\/div>\n
Author: S Kurdukar<\/div>\n
Bench: M.K. Mukherjee, S.P. Kurdukar<\/div>\n
           PETITIONER:\nAWASAN MANDAL PARIJAT UCHAYAWARG SANGHARSH SAMITITHROUGH PRE\n\n\tVs.\n\nRESPONDENT:\nRAJASTHAN HOUSING BOARD & ORS.\n\nDATE OF JUDGMENT:\t20\/03\/1997\n\nBENCH:\nM.K. MUKHERJEE, S.P. KURDUKAR\n\n\n\n\nACT:\n\n\n\nHEADNOTE:\n\n\n\nJUDGMENT:\n<\/pre>\n
\t\t      J U D G M E N T
\nS.P. Kurdukar, J.\n<\/p>\n
     Leave granted.\n<\/p>\n
2.   The dispute  in all  these connected  civil appeals  is
\nconfined to  the cost  of the  land. The appellants in these
\nappeals belonged  to the second, third and fourth quarter of
\nallotment of  the houses Board and the copy thereof was made
\navailable to  the court\t during the course of hearing. These
\ncosting principles were made applicable from 1st April, 1988
\nand no\tdispute was  raised by\tany of\tthe parties  at\t any
\nstage.\n<\/p>\n
3.   The appellants  who were  the writ\t petitioners in\t the
\nHigh Court alleged that the houses for the applicants of the
\nfirst and  second quarter  were ready  by November, 1990 and
\nthe letters  of allotment  were accordingly  issued  to\t the
\napplicants of  both these  quarters on\tor about January 29,
\n1991.  The   grievance\tof   the  appellants  who  were\t the
\napplicants of  the second quarter was that possession of the
\nhouses were  given to  the allottees of the first quarter in
\nMarch, 1991,  but, however,  the possession of the houses in
\nrespect of  the second\tquarter was  given to the appellants
\nabout nine  months later  i.e. in December, 1991. The houses
\nto be  allotted to  the applicants  of the  third and fourth
\nquarter\t were\talso  ready  much  before  March,  1992\t and
\naccordingly the\t allotment letters  were issued\t to them  in
\nNovember, 1992 issued demand cum possession letters to them.
\nIt was\tthe grievance  of the  appellants before  the courts
\nbelow that  the Rajasthan  Housing Board  had  discriminated
\nthem while  determining the  cost of  the land in respect of
\nall these  four quarters. For the first quarter, the cost of
\nthe land  was determined  at Rs.  38,178\/- whereas  the land
\ncost charged  from the\tallottees of  the second,  third and
\nfought quarters\t was increased\tto Rs.\t72,765\/-. They\talso
\nmade a grievance as regards the increase in the construction
\ncost but,  however, that  issue does  not survive  in  these
\nappeals.  The\tappellants  made   representations  to\t the
\nRajasthan Housing Board complaining about the discriminatory
\ntreatment meted\t out to\t them while  determining the cost of
\nlands  vi-a-vis\t  the  applicants   of\tthe  first  quarter.
\nAccording to  them, land  costing should  not differ  as the
\nchunk of  the land  was purchased in one lot and, therefore,
\nthere was  no justification  to increase  the land  cost  in
\nfourth quarters.  They further\tmade a grievance that for no
\nfault  of  theirs,  if\tthe  development  of  the  land\t and
\nconstruction of\t the houses  thereof  were  delayed  by\t the
\nRajasthan Housing  Board, they\tshould not  be made  to\t pay
\nhigher land cost. They, therefore, prayed that the land cost
\nshould be  the same  in respect\t of second, third and fourth
\nquarters of  1988 as  fixed for\t the allottees\tof the first
\nquarter of  1988. This\trequest of the appellants was turned
\ndown by\t the Rajasthan\tHousing Board  by relying  upon\t the
\ncosting principles  which they had  adopted. The appellants,
\ntherefore, filed  there separate  writ petitions challenging
\nthe action of the Rajasthan Housing Board.\n<\/p>\n
4.   The first\trespondent-the Rajasthan Housing Board filed
\nthe detailed  reply justifying\tthe increase  in the cost of
\nthe land  in respect of second, third and fourth quarter and
\npleaded that  they have\t strictly  adhered  to\tthe  costing
\nprinciples which  they have applied uniformly . They further
\npleaded that  cause for delay in completing the construction
\nof the houses was beyond their control. In the meantime, the
\ndevelopment cost  also increased and accordingly they had no
\noption but  to refix  the land\tcost in\t accordance with the
\ncosting principles  which they\thad  followed.\tNeither\t any
\ndiscrimination while  fixing the  land cost  was resorted to
\nnor any\t profit was made by them by enhancing the land cost.
\nThere is  no substance\tin any\tof the contentions raised on
\nbehalf of the appellants\/writ petitioners and, therefore, on
\nrelief could be granted to them.\n<\/p>\n
5.   Both the  parties in support of their rival contentions
\nproduced several  documents before the learned Single Judge.
\nAfter hearing  the parties,  the learned Single Judge. After
\nhearing the  parties, the learned Single Judge by his common
\njudgment dated\t16th November, 1992 disposed of all the writ
\npetitions holding  that the land of all the four quarters of
\n1988 had  been utilised by March, 1991 and, therefore, there
\nwas no\tjustification for charging higher land cost from the
\nallottees  of\tthe  second,   third  and   fourth   quarter
\n(appellants). The  learned Single  Judge, however, held that
\nthe Housing Board had not violated the rules framed by it on
\n9th January,  1988. It further held that the land cost forms
\na distinct  and different head from “Developmental Cost” and
\nthat paragraph\t6 of  the scheme  with permitted increase in
\ncost. As  regards the  increase in  the construction  to the
\nappellants because  it involved\t disputed questions of facts
\nwhich cannot be gone into in the writ petition. Aggrieved by
\nthis judgment  and order passed by the learned Single Judge,
\nboth the  contesting parties  filed Special  Appeals in\t the
\nRajasthan High\tCourt and  the learned\tDivision Bench after
\nhearing counsel for the parties vide it’s judgment and order
\ndated August  8, 1995  allowed special appeal Nos. 12\/93 and
\n14\/93 filed  by the  Rajasthan Housing\tBoard and others and
\ndismissed the  special appeals\tNos. 83\/93,  84\/93 and 85\/93
\nfiled by  the writ petitioners\/appellants before us. The net
\nresult, therefore  is that  the writ  petitions filed by the
\nappellants came to be dismissed.\n<\/p>\n
6.   Dr. Rajiv\tDhawan, Learned\t Senior Counsel appearing in
\nsupport of  these appeals  urged that  the Rajasthan Housing
\nBoard had  failed to  give sustainable reasons as to why the
\nland cost  should be  different in  respect of\tallottees of
\nsecond, third  and fourth  quarter then the allottees of the
\nfirst quarter,\tparticularly, when  it\tis  undisputed\tthat
\nhoused of  the first  quarter as  also of the second quarter
\nwere ready  much before\t 29th January,\t1991. The  houses in
\nrespect\t  of\tboth   these   quarters\t  were\t constructed
\nsimultaneously and if this be so, there was no justification
\nwhatsoever to  increase\t the  land  cost  and  issue  demand
\nnotices thereof\t to increase  the allottees  of\t the  second
\nquarter. As  regards  allottees\t of  the  third\t and  fourth
\nquarter, counsel  urged that  when the\tentire chunk  of the
\nland was  purchased at one time for the scheme, there was no
\nquestion of  increasing the  land cost in respect of second,
\nthird and  fourth quarter  houses. the land was the same but
\nwhile determining  the land  cost in  respect of these three
\nquarters, an artificial enhanced price structure thereof was
\nresorted to  without any sustainable justification. Counsel,
\ntherefore, urged  that there  is patent\t discrimination\t and
\nviolation of  the Rules\t and Regulations framed by the Board
\nwhile promoting\t the scheme.  Counsel drew  our attention to
\nthe reasoning  the scheme. Counsel drew our attention to the
\nreasoning the  scheme. Counsel\tdrew our  attention  to\t the
\nreasoning adopted by the learned Single Judge and urged that
\nthe same  was supported\t by Rule  4.1.1. and  there  was  no
\nreason whatsoever  for the  Division Bench to upset the said
\nreasoning.\n<\/p>\n
7.   Mr. Ganguli,  Learned Senior  Counsel appearing for the
\nRajasthan Housing Board took us through the brochure and the
\nrelevant Rules\tand  Regulations  framed  by  the  Rajasthan
\nHousing Board  in respect of costing principles. He drew our
\nattention to  the Rules\t and in\t particular to\tthe  caption
\ntitled as  ” Cost  of Undeveloped  Plan” containing  various
\nRules from  4.1 to  4.28. He  reiterated that  the Rajasthan
\nHousing Board had worked out the land cost in respect of the
\nfirst, second,\tthird and  fourth quarter  in terms of these
\nrules and  there is  nothing on\t the record to indicate that
\nthe Rajasthan  Housing Board had tried to make any profit by
\nincreasing land\t cost. He  urged that  the Rajasthan Housing
\nBoard  had   to\t borrow\t  loans\t  from\t various   financial
\ninstitutions on\t interest and  in order\t to  square  up\t all
\ndevelopmental charges,\tconstruction, interest\tetc., it was
\nnecessitated to increase the land cost in respect of second,
\nthird and  fourth quarter.  He further\turged that under the
\nbrochure itself,  it was  made quite clear that the price of
\nhouses itself,\tit was\tmade quite  clear that\tthe price of
\nhouses in  respect of these four quarters will be determined
\nat the\ttime of\t issuance of letter of allotment and handing
\nover of\t possession with  reference to\tthe quarter in which
\nsuch letter  of allotment\/possession  would be\tissued.\t The
\nappellants having  accepted the terms and conditions set out
\nin the\tbrochure, they\tcannot be  now heard to say that the
\nRajasthan Housing  Board has  resorted to the discrimination
\nthereby offending  Article  14\tof  the\t Constitution  while
\nfixing the land cost differently in respect of second, third
\nand fourth  quitter. Counsel, therefore, urged that the view
\ntaken by  the Division\tBench of the Rajasthan High Court is
\nthe correct view and cannot be assailed on any premiss.\n<\/p>\n
8.   We\t have\tgiven  our  careful  thought  to  the  rival
\ncontention raised  before us  and we  find that the impugned
\njudgment does  not suffer  from any infirmity. The Rajasthan
\nHousing Board  in its  brochure as  well as in its Rules and
\nRegulations had\t made it  clear that  the cost\tof the house
\nwould differ  for  each\t quarter  depending  upon  in  which
\nquarter the  latter of\tallotment\/possession would be issued
\nto the allottee. How the cost of a house would be worked out
\nis provided  under Rule\t 4.1.  to  4.28\t falling  under\t the
\ncaption “Cost  of Undeveloped  Land.” Under para 4.2.1., the
\ncost of\t development was determined by the Rajasthan Housing
\nBoard by  applying the\tcosting principles  in the following
\nmanners:-\n<\/p>\n
     i)\t  Levellingg &\tdressing of  the
\n     ground;\n<\/p><\/blockquote>\n
     ii)  Construction\t of   bituminous
\n     roads;\n<\/p><\/blockquote>\n
     iii) Cost of drains & culverts;\n<\/p><\/blockquote>\n
     iv)  Cost of water supply lines;\n<\/p><\/blockquote>\n
     v)\t  Cost\t of    electric\t  lines;\n     vi)  Cost of sewer lines\n     vii) Cost of street lights;\n     viii)    Costs    of    plantation,\n     horticulture & parks;\n     ix)  Misc.\n<\/pre>\n
     In addition to the above heads, the cost of development
\nshall  also   include  the  cost  of  constructions  of\t the
\nfollowing items:-\n<\/p><\/blockquote>\n
     i)\t  Primary\t   School\/Higher\n     Secondary School\n     ii)  Hospital\/Dispensary\n     iii) Community Centres\n<\/pre>\n
     The total\texpenditure on\tdevelopment is worked out on
\nthe   basis   of   actual   expenditure\t  plus\t anticipated
\nexpenditure. In\t paragraph 11 to 16 of the written statement
\nfiled by  the Housing  Board, it has indicated as to how the
\nconstruction cost  was worked  out and how the land cost was
\nrequired to be enhanced to Rs. 315\/- per square metre. After
\ngoing through the pleadings of the parties in his behalf, we
\nare of\tthe opinion  that the land cost which was determined
\nof the\tHousing Board is in consonance with the brochure and
\nthe costing principles reflected in paragraphs 4.1 to 4.1.5,
\n4.2.1, 4.2.3, 4.2.5 and 4.2.6. It was urged on behalf of the
\nappellants that\t although construction\tof the houses of the
\nfirst and  second quarter  was completed when the possession
\nof the\thouses was allotted to the allotted of first quarter
\nand therefore, there was no justification in not issuing the
\nletters of allotment to the allotted of second quarter. This
\ncontention has no merit because the development word was yet
\nto be completed and, consequently the possession thereof was
\ndelayed by about nine months. Since the allotment letters of
\nthe houses  of second quarter fell during the financial year
\n1990-91, the land cost stood enhanced in view of the costing
\nprinciples. The same was true in respect of third and fourth
\nquarter houses\tas the\tletters of  allotment were issued in
\nthe financial  year 1991-92  on\t different  dates  i.e.\t 9th
\nDecember, 1991\tand 5th\t February,  1992  respectively.\t The
\nconstruction of the construction of the houses in respect of
\nsecond and  third quarters was delayed beyond the control of
\nthe Housing  Board. Consequently, the land cost was required
\nto be  re-determined on the basis of costing principles. All
\nthese factors  were very much known to the Rajasthan Housing
\nBoard and  they were fully aware of the terms and conditions
\nset out\t in  the  brochure  and\t other\trelevant  Rules\t and
\nRegulations. We\t have carefully\t considered the\t contentions
\nraised on  behalf of  the parties in this behalf and we find
\nthat the  Rajasthan Housing  Board had\tcommitted  on  error
\nwhile determining  the land  cost differently  in respect of
\nsecond, third  and  fourth  quarter  based  on\tthe  costing
\nprinciples. It\talso needs  to be  stated that the Rajasthan
\nHousing Board  had borrowed huge sums from various financial
\ninstitutions for  which it  was required to pay the interest
\nthereon. The  appellants are  unable to demonstrate that the
\nland cost  determined by  the Rajasthan Housing Board was in
\nviolation of  any of  the terms\t and  terms  and  conditions
\nmentioned in  the brochure and\/or Rules or Regulations or it
\nhad deviated  from the Board’s policy of providing houses on
\nprofit on loss basis.\n<\/p><\/blockquote>\n
9.   For the  foregoing conclusions,  we are  of the opinion
\nthat all  these appeals are devoid of merits and accordingly
\ndismissed. In  the circumstances  of this  case, the parties
\nare directed to their own costs.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Awasan Mandal Parijat Uchayawarg … vs Rajasthan Housing Board & Ors on 20 March, 1997 Author: S Kurdukar Bench: M.K. Mukherjee, S.P. Kurdukar PETITIONER: AWASAN MANDAL PARIJAT UCHAYAWARG SANGHARSH SAMITITHROUGH PRE Vs. RESPONDENT: RAJASTHAN HOUSING BOARD & ORS. DATE OF JUDGMENT: 20\/03\/1997 BENCH: M.K. MUKHERJEE, S.P. KURDUKAR ACT: HEADNOTE: JUDGMENT: J […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-66398","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nAwasan Mandal Parijat Uchayawarg ... vs Rajasthan Housing Board & Ors on 20 March, 1997 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/awasan-mandal-parijat-uchayawarg-vs-rajasthan-housing-board-ors-on-20-march-1997\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Awasan Mandal Parijat Uchayawarg ... vs Rajasthan Housing Board & Ors on 20 March, 1997 - 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