IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.08.2011 CORAM: THE HON’BLE MR. JUSTICE K.CHANDRU W.P.No.7575 of 2009 S.Kousalya .. Petitioner Vs. 1. The Divisional Accountant Anna Nagar Division Tamil Nadu Housing Board Thirumangalam Chennai 600 101 2. The Executive Engineer and Administrative Officer Anna Nagar Division Tamil Nadu Housing Board Anna Nagar Thirumangalam Chennai 600 101 3. The Manager – Service and Sales Anna Nagar Division Tamil Nadu Housing Board Thirumangalam Chennai 600 101 4. The Chairman-cum-Managing Director Tamil Nadu Housing Board Nandanam Chennai 600 035 .. Respondents Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling records connected with letter No.03/43378/81 dated 22.01.2009 of the First Respondent and quash the same and further direct the Respondents to refund the amount of Rs.19,480/- computed and collected from Petitioner over and above the norms prescribed in G.O.No.174 Housing and Urban Development Department dated 07.02.1991. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner :: Mr.S.Arunachalam for M/s.S.Arunachalam Associates For Respondents :: Mr.R.Jayaseelan O R D E R The petitioner is an allotee of HIG Twin Type House in No.M9 at Kolathur Housing Scheme. The petitioner, pursuant to the list of defaulters announced by the 2nd respondent in "Dinamalar" in December 2007, has paid the default amount. The petitioner, on an understanding that the excess amount has been collected, resorted to get information under the Right to Information Act. Pursuant to her request, the Public Information Officer attached to Tamil Nadu Housing Board, Anna Nagar Division gave reply dated 22.1.2009 stating that what was published in the Newspaper was only tentative cost. Subsequently, when the terms were prepared upto January 2009, it was found that the petitioner has to pay Rs.48,172/- in excess of the amount already paid and therefore the petitioner was directed to pay the said amount on or before January 2009. Challenging the said communication dated 22.1.2009, the petitioner filed the present Writ Petition. He seeks to set aside the order and also seeks for refund of Rs.19,480/- collected from the petitioner in excess of the norms prescribed under G.O.No.174, Housing and Urban Development dated 7.2.1991. 2. When the matter came up on 23.4.2009, this Court directed the Standing Counsel to take notice. Subsequently, the Writ Petition was admitted on 9.6.2009. Pending the Writ Petition, the petitioner sought for a direction to register and release the sale deed on payment of the amount of Rs.48,172/- in respect of the allotment made to her. This Court by an order dated 9.6.2009 directed the petitioner to pay the said amount and pursuant to paying the amount, the 2nd respondent, namely the Executive Engineer and Administrative Officer of Tamil Nadu Housing Board Anna Nagar Division was directed to execute the sale deed. 3. It now transpires that the petitioner had paid the said amount on 19.6.2009 and sale deed has been executed on 10.7.2009. While executing the Sale Deed, the petitioner gave an undertaking in the form of affidavit signed in a stamp paper duly attested by a Notary Public that the cost of the house allotted to her has been accepted by her and she will not make any further claim and ask for refund. https://hcservices.ecourts.gov.in/hcservices/ 4. With reference to the working sheet of the cost and the application of the Government Order, it is stated in the counter affidavit dated 'nil' (March 2011) that based upon G.O.Ms.No.174 dated 7.2.1991 interest on initial deposit and monthly instalments were collected from the allottee and the question of any refund does not arise. It is also stated that the petitioner purchased the house only on hire purchase category and even in the allotment order issued to the petitioner on 19.3.1990, the cost indicated was Rs.94,570/- and it was only a tentative cost and not a final cost. But, however, the hire purchase arrangement was made into a outright purchase on the special request made by the petitioner that she has to get loan from the financial institution. It is also stated that no penal interest was collected on the interest. 5. The Housing Board also filed an additional typed set containing the transaction of the allotment of the house. By a communication dated 20.3.1995, the petitioner was informed of the revised cost of the house and she has not chosen to challenge the same. 6.Therefore, the only question to be decided notwithstanding the undertaking given by the petitioner at the time of the execution of the Sale Deed was whether the petitioner's prayer can be countenanced by this Court. In fact, when the petitioner sought for return of the refund of the amount, the matter was placed before the Board on 3.8.2009 and the Board resolved to reject the request of the petitioner for the refund of any amount. The said Board Resolution was also communicated to the petitioner by a covering letter dated 10.5.2010. 7. It must be noted that the Supreme Court in Shimla Development Authority vs. Aha Rani reported in AIR 1996 SC 1591 held that allottees were bound to pay the cost of escalation in construction and cost of escalation of value of land, in case the court enhanced the compensation for land acquired under the Land Acquisition Act at various stages. 8. The Supreme Court also in Preeta Singh vs. Haryana Urban Development Authority reported in AIR 1996 SC 2201 held that apart from the original cost fixed, the competent authority is entitled to demand "additional price" or expenses incurred towards acquisition of land either for development or cost escalation. 9. In view of the fact that the petitioner has given an undertaking not to claim refund and rejection of the claim for refund https://hcservices.ecourts.gov.in/hcservices/ has been made by the Board and also in the light of the original cost was only a tentative cost, this Court do not find any case is made out. The prayer made by the petitioner cannot be countenanced. Hence, the Writ Petition stands dismissed. No costs. Sd/ Asst.Registrar //True Copy// Sub.Asst.Registrar ajr To 1. The Divisional Accountant Anna Nagar Division Tamil Nadu Housing Board Thirumangalam Chennai 600 101 2. The Executive Engineer and Administrative Officer Anna Nagar Division Tamil Nadu Housing Board Anna Nagar Thirumangalam Chennai 600 101 3. The Manager – Service and Sales Anna Nagar Division Tamil Nadu Housing Board Thirumangalam Chennai 600 101 4. The Chairman-cum-Managing Director Tamil Nadu Housing Board Nandanam Chennai 600 035. 1 cc to M/s.S.Arunachalam Associates , Advocate, Sr.No.51041 1 cc to Mr. R.Jayaseelan, Advocate, Sr.No.5-990 W.P.No.7575 of 2009 ggk(co) pmk.29.8.2011 https://hcservices.ecourts.gov.in/hcservices/