KERALA STATE HOUSING BOARD Vs. K. ARUNADEVI

JUDGEMENT

(1.) IN these appeals the common order pronounced by the CDRP, Pathanamthitta in OP Nos.13/91, 33/91 and 136/93 on 25.10.2010 is challenged by the common opposite party namely the Kerala State Housing Board and the complainants in OP Nos. 13/91 and 136/93. The CDRP Pathanamthitta jointly tried the 3 OPs mentioned above and disposed of the same by a common order. The complainants were allottees of Plot Nos.4, 18 and 17 respectively in the Pathanamthitta Housing Scheme implemented by the common opposite party, the Kerala State Housing Board. Pursuant to the scheme the Board acquired landed property which was divided into plots and allotted to different applicants including the complainants for construction of residential buildings. The Complainant in OP 13/91 was allotted Plot No. 4 having an extent of 328.33 square metres (8.5 cents) fixing a tentative value of Rs. 64,000. Similarly the complainant in OP 33/91 was allotted Plot No. 18 having an extent of 328 square metres fixing a tentative value of land + other charges of Rs. 64,930. The complainant in OP 136/93 was allotted Plot No. 17 having an extent of 365.83 squares fixing a tentative value of land and amenities of Rs.71,650. It is alleged that the complainants have executed necessary documents and paid the tentative value of land + amenities fixed by the opposite party. The complaints were filed when the opposite party directed the complainants to pay additional amounts of Rs.70,394, Rs.75,461 and Rs. 71,650 respectively. The complainants alleged that aggrieved by the illegal demand they submitted representation to various authorities but their grievances were not redressed so far. According to the complainants, the allotted land is situated at an un -important locality more than 2 kms. away from the Pathanamthitta town. There was an ancient serpent -grove with several idols and therefore the property was not suitable for residential purpose. Drinking water is not available in the locality. The opposite party did not provide sufficient amenities for the land owners.

(2.) IT was further alleged that the complainants had no direct dealings with the owner of the property from whom the opposite party acquired the land. In the land acquisition reference made by the Revenue authorities, the complainants were not parties. The Housing Board alone was made one of the respondents. It is understood that the Housing Board is not taking due interest in properly resisting the enhancement claim and to protect the interest of its customers like the complainants. The complainants have real grievance in that undue enhancement in value of land was ordered by the Land Acquisition Court because of the failure of the opposite party in properly contesting the claim for enhancement. As such, the enhancement in land value ordered by the Land Acquisition Court is not binding on the complainants. The opposite party also failed to render important and essential services like laying cartable road from the main road to the allotted plots. Primary facilities like drinking water and electricity were also not made available. The complainants had to incur additional expenditure due to failure to provide water supply. The complaints were filed under the above circumstances.

(3.) THE opposite party/Housing raised identical contentions. The contentions were that value of land in question was subsequently raised because land value was enhanced by the competent authority. The cost of development works was also increased considerably. The land for implementing various schemes framed by the Board is acquired by the Government at the request of the Board. The Housing Board has no direct control over the land acquisition proceedings initiated by the Government. The Board is bound to give the enhanced compensation fixed by the Land Acquisition Court, It is specifically stated in the agreement that the land value would be given by the allottees. The opposite party is entitled to collect the enhanced land value and cost of developments from the complainants.