IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 OP.No. 18881 of 2001(W) ----------------------- PETITIONER: ------------ THE HOUSING BOARD STAGE II RESIDENT'S ASSOCIATION, SAKTHI NAGAR, IRINJALAKUDA NORTH – 680 125, REP. BY ITS SECRETARY T. RAMACHANDRAN. BY ADV. SRI.P.SANJAY RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF HOUSING, SECRETARIAT, TRIVANDRUM. 2. KERALA STATE HOUSING BOARD, REP. BY ITS ADMINISTRATIVE OFFICER, COCHIN, KSHB OFFICE COMPLEX, PANAMPILLY NAGAR, COCHIN-16. BY GOVERNMENT PLEADER SRI. M.R. SABU. SRI.T.R.HARIKUMARAN NAIR POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 18881/2001. ---------------------------------------------------------------- EXT.P1 TRUE COPY OF AGREEMENTS DT. 23-6-1988. EXT.P2 REPRESENTATION DT. 31-7-2000. EXT.P3 DO. DT. 31-7-2000. EXT.P4 TRUE COPY OF PHOTOGRAPHS. EXT.P5 JUDGMENT DT. 12-4-1991. EXT.P6 JUDGMENT DT. 20-9-1991. EXT.P7 JUDGMENT IN L.A.A.NO. 396/94 DT. 9-2-1998. EXT.P8 JUDGMENT IN O.P. 1067/98 DT. 10-8-1999. EXT.P9 BYE-LAWS OF THE SOCIETY. EXT.P9 JUDGMENT IN O.P.233/96 BEFORE CONSUMER COURT, TRIVANDRUM. EXT.P9 SETTLEMENT STATEMENT EXT.P10 REGISTRATION CERTIFICATE. EXT.P10 TRUE COPY OF SKETCH. EXT.P11 LETTER DT. 19-8-1998. EXT.P11 TRUE COPY OF REPRESENTATION DT. 18-1-2001. EXT.P12 LETTER DT. 25-3-2000. EXT.P13 LETTER DT. 15-12-2000. EXT.P14 LETTER DT. 18-1-2001. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 18881 of 2001 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th September, 2008. J U D G M E N T The petitioner is a Society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Act of which allottees of the Irinjalakuda Housing Scheme (Stage II) of the Kerala Housing Board are the members. The scheme was advertised in 1986, and allotments were made in 1988. Agreements have been entered into with the allottees by the Housing Board. The amounts demanded by the Housing Board have been paid as per agreements executed for the purpose by the allottees. As per the agreements, the allottees were liable for payment of balance land value after the land acquisition references in respect of the land in which the scheme was established was finally concluded. The land acquisition proceedings attained finality by Ext. P7 judgment of this Court in L.A.A. No. 396/1994 . Although, the petitioner seeks several reliefs, primarily, the petitioner seeks three reliefs: The first is to declare that the allottees would not be liable for payment of interest on the additional land value subsequent to Ext. P7 judgment dated 9-2-1998 in so far as subsequent to the same, the delay in payment and consequential liability to pay interest are solely because of the fault of the Housing Board and not that of the allottees. The second is to direct the Board to execute title deeds to the individual allottees expeditiously. The third is to direct the Board to transfer possession and title of the Park and other common areas and facilities of the scheme to the petitioner- Society in accordance with the original scheme. 2. A counter affidavit has been filed by the Board. But, from the same, I am not satisfied that the petitioner can be denied the above said three reliefs. 3. First, I will deal with the liability of the allottees to pay interest beyond the date when the land acquisition references O.P. No. 18881/2001 -: 2 :- attained finality. It is not disputed before me that by Ext. P7 judgment of this Court, the said proceedings have attained finality. Ext. P7 is dated 9-2-1998. Therefore, the Board was bound to pay the balance land value with interest at least within one month from Ext. P7. If the Board had not paid the same within that time and incurred liability to pay interest for delay in payment, then the allottees should not be saddled with the liability to pay further interest on account of the default on the part of the Board to pay the amounts due, especially when the allottees had already paid amounts already demanded from them in full. That being so, I am satisfied that the 2nd respondent- Board is not entitled to recover interest from the allottees on the additional land value payable by the Board on account of the decrees in the land acquisition references beyond 9-3-1998. Accordingly, there would be a direction to the 2nd respondent not to recover any interest from the allottees in the scheme for any period subsequent to 9-3-1998. 4. The Housing Board cannot postpone execution of title deeds in favour of the allottees indefinitely, especially when the land acquisition references have attained finality on 9-2-1998. More than ten years have gone by. There is no excuse whatever for the Board to delay further execution of title deeds in favour of the allottees. Accordingly, the 2nd respondent is directed to compute the balance amounts due from the allottees in accordance with the above direction and issue demand notices to each allottee within one month from the date of receipt of a copy of this judgment. The title deeds shall be executed, registered and handed over to the individual allottees, within three months from the date of payment of the balance amount due from each allottee computed and intimated as directed above. O.P. No. 18881/2001 -: 3 :- 5. Regarding transfer of title in respect of common areas, the objection raised in the counter affidavit is that the Board does not recognise the Residents' Association but only recognise owners' association. From Ext. P9 bye laws of the petitioner-Society, I find that the members of the Society are the allottees of the scheme. That being so, there cannot be any objection on the part of the 2nd respondent to transfer common areas to the petitioner-Society. Accordingly, title to the common areas shall be transferred to the petitioner within four months from the date of receipt of a copy of this judgment. The original petition is disposed of as above. The claim of individual allottees for compensation in respect of alleged damages to the houses handed over to them on account of alleged defect in construction is left open to be agitated by the individual allottees in appropriate proceedings . Sd/- S. Siri Jagan, Judge. Tds/