Madhya Pradesh Housing and Infrastructure Devlopment Board vs B. S. S. Parihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(SC) 1007

SUPREME COURT OF INDIA
V. Gopala Gowda, R. Banumathi, JJ.

Madhya Pradesh Housing and Infrastructure Devlopment Board & Ors. – Appellant
v.
B.S.S. Parihar & Ors. – Respondents
Civil Appeal No. 1801 of 2015
And
Madhya Pradesh Housing and Infrastructure Devlopment Board – Appellant
v.
Dr. Sudha Jain & Ors. Etc. – Respondents
Civil Appeal Nos. 1802-1803 of 2015
Decided on : 21-07-2015

Headnote:
Madhya Pradesh Housing and Infrastructure Development Board - Fixation price of properties and price of land - Self Financing Scheme - Demand for price fixation of land - Doctrine of proportionality - Application forms for residential houses in Riviera Towne, Bhopal can be purchased at a cost of Rs - 250/- from Punjab National Bank, R.S.S. Market Panch Bus Stop, Bhopal on all working days and Registration Amount/Bankers Cheque/Demand Drafts can be deposited in above bank on all working days till 7.12.2007 - In case number of applications are more than number of premises advertised for sale, registration will be done through a system of lottery which will be held in office of Estate Officer - Held, This Court has tried to maintain the balance between the figure Rs.16,500/- per sq. mtr. fixed in relation to cost of developed plot by the appellant-Board, as per Board Rules and Rs.30,000/- per sq. mtr. fixed on the basis of the Collectors guidelines for financial year 2011-12 - It would be just and proper to take into consideration cost of developed plots at Rs.16,500/- per sq. mtr. and take escalation at rate of 10% for every year from 2007 to 2011 and ask respondent-allottees to pay simple interest on said sum which would do complete justice to both parties - Impugned judgment and order of Division Bench of the High Court is set aside – Appeal partly allowed.

JUDGMENT

V. GOPALA GOWDA, J. –

Civil Appeal No. 1801 of 2015 by special leave has been filed against the impugned judgment and order dated 31.7.2014 passed in Writ Appeal No. 1565 of 2013 by the High Court of Judicature at Madhya Pradesh at Jabalpur, whereas C.A. Nos. 1802-1803 of 2015 by special leave have been filed against the impugned judgment and order dated 31.7.2014 passed in Writ Appeal Nos. 1550 of 2013 and 1563 of 2013 by the same High Court. In both the matters, the dispute relates to the fixation of the price of the under construction 36 Duplex/Triplex HIG Houses, situated in "Riviera Towne", Bhopal, by the appellant-Madhya Pradesh Housing and Infrastructure Development Board (for short "the appellant-Board") and the method adopted by them for fixing the price of the properties in dispute and linking the cost price of the land with the Collector's guidelines on the date of completion of the project in the case of Self Financing Scheme. The High Court dismissed the writ appeals filed by the appellant-Board and quashed the enhanced/final demand for price fixation of land by the appellant-Board.

2. The brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties:

An advertisement was published on 9.11.2007 in the local daily newspaper "Dainik Bhaskar" regarding the Housing Scheme which was floated by the appellant-Board for the allotment of 36 residential houses for the employees of the State Government and the State Public Sector Undertaking under the name of "Riviera Towne" in Bhopal with the following terms and conditions :

1.	Application forms for residential houses in Riviera Towne, Bhopal can be purchased at a cost of Rs. 250/- from the Punjab National Bank, R.S.S. Market Panch Bus Stop, Bhopal on all working days between 21.11.2007 and 7.12.2007 and Registration Amount/Banker's Cheque/Demand Drafts can be deposited in the above bank on all working days till 7.12.2007.
2.	In case the number of applications are more than the number of premises advertised for sale, the registration will be done through a system of lottery which will be held at 4.00 pm on 14.12.2007 in the office of Estate Officer.
3.	Preference in registration will be given to those who pay the total estimated amount in one lump sum.
4.	Apart from the sale price, other charges and maintenance fee shall be payable as per the Board rules.
5.	Once registration is sanctioned under Self Financing Scheme, the applicants have to pay the balance amount in instalments as per the intimation given by the Board.
6.	Costs of the houses shown in this advertisement are totally provisional and the final fixation of the price will be done after completion of the Scheme. Allottees have to pay the difference of tentative cost and final sale price in fixation of final cost on intimation within the time stipulated.
7.	Other taxes and lease rent shall be payable as per rules.
8.	Applications for registration are invited from the officers and employees of various departments of the Madhya Pradesh Government and undertakings Institutions. Reservation of houses will be in accordance with the rules.
9.	Even after publication of two advertisements for registration of the house, if some houses still remain available, then application will be invited from General Category as per rules.
10.	Other terms and conditions apply.

Type of House	No.	Approx. carpet area in Sq. mtrs.	Approx. plot area in Sq. mtrs.	Estimated Cost (in lakhs)	Regn. Amount (in lakhs)
Nice Duplex	18	184.57	150 sq.mtrs.	40.00	4
Nice Triplex	14	228.25	150 sq.mtrs.	45.00	4.50
Nice Duplex Corner	4	223.51	223 sq.mtrs.	53.00	5.50

3. The appellant-Board held the draw of lots for the allotment of the s

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