JUDGMENT

G. S. Singhvi, J.-Whether the Haryana Housing Board (for short, `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, `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 ________

TOTAL Rs.8000/-

3. The detail of the amount deposited by you as per your application etc., is given below:

(a) Registration deposit Rs. 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 installments/1st yearly installment Rs. 700/-

(iv) Cost of H.P.T.A.form Rs. 2.25 Total Rs.702.25/-

5. The balance price of the house is payable in monthly/yearly installments 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 there under.

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 installment and such other dues as shall have been demanded by the Board.

4. xxxx xxxx xxxx

5. xxxx xxxx xxxx

6. xxxx xxxx xxxx

7. xxxx xxxx xxxx

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:

"