Rajasthan Housing Board S. F. S. , 1982 Development Society v. Rajasthan Housing Board
1992-02-04
V.K.SINGHAL
body1992
DigiLaw.ai
JUDGMENT 1. - The petitioner has applied under the Self Financing Scheme of the Housing Board of 1982 and the house which was allotted to the petitioner in 1986 is contrary to the rates on which the constructed house was agreed to be sold. The fixation of the price was also alleged to be arbitrary. Reliance was placed on AIR 1985 Delhi 417 and AIR 1986 All. 362 . 2. On behalf of the respondents, it has been submitted that in view of the judgment of the Division Bench in D.B. Civil Writ Petition No. 322/1986 R.P. Agrawal v. Housing Board, decided on 6.7.1987 , it has been decided that the registration of the petitioner is only a pre-contractual agreement and the fixation of the price is altogether a different matter and it has nothing to do with the registration. It has further been observed that the allotment scheme is not open to challenge unless hostile discrimination is shown i. e. that the petitioner has been treated differently from other similarly situated persons who got themselves registered. 3. After hearing both the parties, I am of the view that the respondents are supposed to act fairly and reasonably without giving any grievance to the petitioner of the arbitrariness or discrimination in terms of the cost of the property and even to the allotment procedure. In the present matter, the grievance of arbitrariness or that the components of the costs have not been shown, no longer survives in view of the fact that the respondents have followed a consistent procedure for fixing the price of the house and no case of discrimination or even arbitrariness has been established The question of Cost component can not be examined under Article 226 of the Constitution being matter of factual dispute. 4. Consequently, the writ petition fails and is hereby dismissed. 5. No order as to costsWrit Petition Dismissed. *******