Lisa Gill, J. - (1.) THE Chandigarh Administration framed a scheme, namely, the Chandigarh Allotment of Land to Co -operative House Building Societies Scheme, 1991 with a view to promote private housing and optimum utilization of land by constructing multistoreyed structures (Annexure P -1). The land was decided to be allotted on chunk basis to the Chandigarh Housing Board for further allotment to the eligible Co -operative House Building Societies in accordance with the notification dated 28.05.1991 (Annexure P -1). The petitioner society along with others challenged the said scheme before this court to seek a direction for allotment of individual and developed plots to the members of the society instead of flats as was envisaged in 1991 scheme. Pursuant to the orders of this court the petitioner society had deposited 10% of the tentative price. The writ petition was finally dismissed on 18.12.1996 but with an observation that in view of the interim order, the societies who had deposited 10% of the sale consideration and were found eligible for allotment or had been allotted the sites, would be liable to pay the balance 15% of the amount so as to make it 25% as per the terms and conditions of allotment as agreed upon by them with further interest @ 18% per annum.
(2.) THE petitioner is now before this court challenging the notification dated 01.02.2000 wherein the rate of allotment has been fixed at Rs. 2500/ - per square yard. The petitioner also challenges the letter dated 11.04.2000(Annexure P -7) and letter dated 02.06.2000 (Annexure P -8) wherein the time for depositing the amount has been extended. Learned Senior counsel for the petitioner contends that firstly it is only the cost of the land which is to be deposited and the authorities are not entitled to recover the costs per member as it would amount to recovering three times the costs of the land as three storey building is to be constructed. Secondly, the rate has been revised arbitrarily to Rs. 2500/ - per square yard and the society is entitled to allotment of land at the rate of Rs. 750/ - per square yard.
(3.) THE first plea that the price is not to be recovered per member is not tenable in the light of the fact that the society shall be erecting three storeyed flats over the allotted land and it is an admitted position that the external development, infrastructure etc. has to be provided keeping in view the total housing capacity of the society. It is thus not just the cost of the land which has to be recovered from the allottee. There is thus no illegality in the criteria of price determination which has been otherwise also applied uniformly.;