SANJAY YADAV
Sudha Jain and 16 Others – Appellant
Versus
M. P. Housing and Infrastructure Development – Respondent
Sanjay Yadav, J.
1. Though these writ petitions are by different income groups having purchased Nice Duplex/Nice Triplex/Nice Duplex Corner/Senior Higher Income Groups/Higher Income Group/Middle Income Group and the Economically Weaker Sections under Self Financing Scheme from the Madhya Pradesh Housing and Infrastructure Board (hereafter referred to as Board); however, because of the similarity of the controversy raised in these writ petitions, they were heard analogously and decided by this common order. The issue revolves round the pricing of these residential accommodations.
2. Since the same principle of pricing are applied for these residential houses by the Board, the basic facts are retrieved from Writ Petition No. 5692/2013 - Dr. Sudha Jain and 16 others.
3. Inviting offer through advertisement, drawing of lot, allotment thereof by selecting prospective purchasers, various installments payable by these prospective purchasers on the basis of tentative/provisional price fixed by Board by these purchasers (In some EWS cases the fact may vary regarding the payment schedule; however, since pricing of residential houses is the core issue, the variation of payment schedule
Bareilly Development Authority Vs. Ajai Pal Singh ( (1989) 2 SCC 116).(Para 44)
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Delhi Development Authority and another Vs. Joint Action Committee
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Indore Development Authority Vs. Smt. Sadhna Agrawal ( (1995) 3 SCC 1).(Para 44)
Jawajee Nagnatham Vs. Revenue Divisional Officer
Kaliaperumal Vs. Rajagopal and another ( (2009) 4 SCC 193).(Para 33)
Karnataka Industrial Area Development Board Vs. Prakash Dal Mill (2011) 6 SCC 714.(Para 46)
L.I.C. Vs. Escorts Ltd. ( (1986) 1 SCC 264).(Para 52)
Lal Chand Vs. Union of India and another ( (2009) 15 SCC 769).(Para 31)
M.P. Housing Board Vs. Anil Kumar Khiwani and another ( (2005) 10 SCC 796).(Para 38)
New India Assurance Co. Ltd. Vs. Nusli Neville Wadia ( (2008) 3 SCC 279).(Para 52)
R. Sai Bharathi Vs. J. Jayalalitha and others ( (2004) 2 SCC 9).(Para 29)
Smt. Nisha Singhal Vs. M.P. Housing Board, Bhopal and others
Tamil Nadu Housing Board Vs. Service Society and another ( (2011) 11 SCC 13).(Para 54)
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