G.S. Singhvi, J. - (1.) Whether the Haryana Housing Board (for short, Rs. the Board) could ignore the time limit of 7 years specified in Clause 2(w) of the Hire Purchase Tenancy Agreement executed by the Appellants as per the requirement of Regulation 11(4) of the Housing Board Haryana (Allotment, Management and Sale of Tenements) Regulations, 1972 (for short, the Regulations) framed by the Board in exercise of the power conferred upon it under Section 74 of the Haryana Housing Board Act, 1971 (for short, Rs. the Act) and demand additional price from them after 10 years of the allotment of tenements is the question which arises for consideration in these appeals filed against the orders passed by the Division Bench of the Punjab and Haryana High Court whereby the letters patent appeals filed by the Appellants were dismissed and the order passed by the learned Single Judge declining their prayer for quashing the demand of additional price was upheld.
(2.) In response to an advertisement issued by the Board in 1975, the Appellants applied for the houses proposed to be constructed at Sonepat for Economically Weaker Sections (EWS), Lower Income Group (LIG) and Middle Income Group (MIG). After scrutiny of the applications, the competent authority allotted tenements of different categories to the Appellants. The allotment letters were issued in their favour in November/December 1978. For the sake of reference, the allotment letter issued in favour of one of the Appellants, namely, Dharam Pal is reproduced below: 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: i)Price of House (Normal area)Rs. 8000/- (Tentative) ii)Cost of additional land, if any----- iii)Additional charges for preferential (corner) plot TOTALRs. 8000/- 3. The detail of the amount deposited by you as per your application etc., is given below: a)Registration depositRs. 500/- b)Amount deposited for preferential Allotment---- c)Amount deposit for preferential (corner) house.---- d)---- 4. You are requested to deposit the following amounts and take possession of the house within 30 days of the issue this letter: i)Cost of additional land---- ii)Additional charges for (corner) preferential plot---- iii)Initial instalments/Ist yearly instalmentRs. 700/- iv)Cost of H.P.T.A.formRs. 2.25 TotalRs. 702.25/- 5. The balance price of the house is payable in monthly/yearly instalments of Rs. 481/- each over a period of 18 years. Sd/- Estate Manager Housing Board Haryana Sonepat CONDITIONS 1. The allottee shall be bound by the Haryana Housing Board Act, Rules and Regulations thereunder. 2. If the allottee fails to execute the agreement and to take possession of the house within 30 days of the issue of this letter his name shall be removed from the allotment register and any amount upto 50% of the earnest money deposited by him shall be forfeited. 3. Possession of the tenement will be given after the Hire -Purchase Tenancy Agreement is duly executed as prescribed under the rules and the allottee has paid the initial deposit, first instalment and such other dues as shall have been demanded by the Board. 4. ********** 5. ********** 6. ********** 7. ********** 8. The conveyance deed will be executed after the entire amount due is paid by the allottee. All expenses for the registration etc. shall be borne by the allottee.
(3.) The Appellants deposited the amount in accordance with the stipulations contained in the allotment letters and executed Hire Purchase Tenancy Agreements. The relevant portions of the Hire Purchase Tenancy Agreement executed by the Board and Dharam Pal are extracted below: HIRE PURCHASE TENANCY AGREEMENT This INDENTURE MADE THIS 7th day of December One thousand nine hundred and seventy eight (7.12.78) BETWEEN HOUSING BOARD HARYANA constituted under the Haryana Board Act 1971 (Act. No. 20 of 1971) (Hereinafter called the owner and includes its successors and assigns) of the one part and Shri Dharam Pal (Hereinafter called the hirer which expression shall, unless inconsistent with the context of meaning, includes, as hereinafter provide, the nominees approved and failing which is heir, executors, administrators, legal representatives and permitted assigns) of the other part. WHEREAS in pursuance of the Housing Board Haryana Act Rule & Regulation (hereinafter called the Regulations) the hirer has apparently applied to the owner for allotment of a house under the Hire-Purchase Scheme and the owner has agreed to allot a house to hirer upon the terms and conditions hereinafter set forth. ********** 2(w) If after the receipt of the final bills for the construction of tenements or as the result of land award or arbitration proceeding or enhancement in cost of land on any account, the Board considers it necessary to revise the price, already specified, it may do so and determine the final price payable by the hirer who shall be bound by this determination and shall pay dues, if any, between final price so determined and price paid by him including the price paid in lump sum, provided that no change in the price shall be made after 7 years from the date of allotment. ;