- (1.) HEARD learned counsel for the parties.
(2.) THE petitioner is aggrieved by the order dated 8.9.2003 as contained in Letter No. 241. Annexure 5 issued by the Revenue Officer. Jharkhand State Housing Board Ranchi whereby on the basis of a calculation chart dated 28.8.2003 the petitioner has been asked to deposit a sum of Rs. 1,77,693/ - due from 30.9.2003 in respect of LIG Flat No.3 LF/39 said to be allotted in the name of the husband of the petitioner on 13th May, 1992. It is the contention of the petitioner that her husband entered into a registered agreement dated 10th August.1996 in respect of the said flat showing the value of the flat at Rs. 63,534/ - in which initial payment of Rs. 12,707/ - was fixed with installment starting from September, 1996 @ Rs. 746/ - per month. The petitioner submits that a letter of authority for handing over the possession of the flat in question was issued on 8.10.1996. It is stated on behalf of the petitioner, on the basis of Annexure 4, the letter dated 21st August 2003 that he had deposited a sum of Rs.64,907/ - towards the cost of the said flat however, by the impugned letter dated 8th September, 2003 the husband of the petitioner was informed to deposit a further sum of Rs. 1,77,693/ - found due after adjustment of the aforesaid deposited amount. The contention of the petitioner is that the aforesaid demand is arbitrary and illegal. Against the 180 installments which were fixed at the time of agreement the petitioner's husband was required to pay Rs. 63,534/ - with interest. However, it is submitted that the petitioner's husband died on 13th October, 2003 and thereafter despite representation when the respondents failed to correct the demand in terms' of the agreement in question, the petitioner has been compelled to move this Court.
(3.) ON the other hand. Mrs. I. Sen Choudhary, learned counsel appearing on behalf of the Jharkhand State Housing Board, submits that the agreement itself as contained in Annexure 2 to the writ petition stipulates that the fixation of price at the time of agreement was only tentative based upon the then estimate and subject to in crease in the cost of construction and development or due to increase in cost of the land acquisition etc., which would be apportioned upon the final valuation or calculation pursuant to the decision of the Board, which the settlee is liable to pay in installment or in lump sum within the period decided by the Board.;