K USHARANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners are all allottees of either housing plots or flats constructed by the Tamil Nadu Housing Board. The petitioners are primarily aggrieved by the fixation of final cost after considerable period and demand for payment of interest and penal interest on differential cost. There are five batch of cases relating to Coimbatore, Erode, Vellore Tiruvannamalai and Salem Districts.

(2.) Since the principal issue raised herein is covered by the judgment of the Supreme Court in T.N Housing Board v. Service Society, 2011 11 SCC 13 I am not dealing with the individual facts of each of the writ petitions, except to narrate the facts of one lead case from each District to give an indication of the grievance made by the allottees.

(3.) The petitioner made an application for allotment of a housing plot formed by the Tamil Nadu Housing Board at Uppilipalayam, Coimbatore. The allotment of a plot having an area of 1071 sq. ft. was made on 24 March 1992. The Tamil Nadu Housing Board (hereinafter referred to as Housing Board), fixed the tentative cost of Plot at Rs. 4,19,462/-. The final cost was not fixed on account of the land acquisition proceedings initiated by the landowners under Section 18 of the Land Acquisition Act. The petitioner paid the entire cost. Since final cost was not determined, sale deed was not executed. Finally, the petitioner received the impugned demand notice directing payment of differential land cost and interest.