Faizan Uddin, J. - (1.) Delay condoned.
(2.) leave granted.
(3.) The appellant Housing Board is a statutory body constituted for the purposes of providing cheap and economical housing facilities. The land for construction of tenements is provided by Haryana Urban Development Authority (hereinafter HUDA) which is also a statutory body. The land is acquired by the appellant Board from HUDA under stipulation with regard to enhancement in the price of the land consequent upon judicial pronouncement. The appellant-Board invited applications for allotment of houses / flats from the economically weaker section, belonging the LIG / MIG category. The appellant-Board issued allotment letters to various applicants specifically mentioning in Clause (9) of the allotment letters that as a result of the land award or arbitration proceedings, etc. if there is an increase in the cost, the Board may enhance the price of the dwelling houses / flats allotted to them. This condition was reiterated in Clause 2(W) of the Hire Purchase Tenancy Agreement (Form A) entered into under Section 11(4) of the Housing Board. Haryana (Allotment. Management and Sale of Tenements) Regulations, 1972. It was also provided that there shall be no enhancement in the price after a period of 7 years from the date of allotment. According to the appellant - Board, this Clause 2(W) of Form 'A' of the Regulations was, however, amended by a notification dated 26-5-1985 whereby a proviso was inserted to the effect that the restriction of 7 years shall not be applicable when the escalation in the price is due to judicial pronouncement or award of an arbitrator.;