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Judgment
By way of this writ petition, the petitioner has approached
this Court seeking to challenge the allotment letter (Annex.2)
dated 23.12.2009 issued by the respondent Rajasthan Housing
Board, Hanumangarh to the petitioner for allotment of house
no.2/75 category MIG in the scheme named New Land Manaksar
Link Road, Rajasthan Housing Board, Suratgarh.
The petitioner has raised a grievance regarding the rate
charged by the respondent for the extra land admeasuring
149.484 sq. meters at Rs.1900/- per square meter claiming that
the said excess land rate charged by the respondent is
unauthorised and illegal.
In the reply to the writ petition, it is asserted that the
Housing Board has taken a conscious policy decision that
additional land shall be chargeable at 50% extra from the normal
rate of land. The said policy decision is not in challenge in the
instant writ petition. Condition No.4 of the order dated 14.7.2009
prescribing the applicable rates of lands in Housing Board
Schemes reads as under :-
"VERNACULAR MATTER OMITTED"
In view of these facts, it is evident that the Rajasthan
Housing Board was undoubtedly entitled to charge at the rate of
Rs.1900/- per square meter for the extra land admeasuring
149.484 square meters while issuing the allotment letter to the
petitioner. The petitioner had an option whether or not to go
ahead with the deal. In case, the petitioner felt that the rate of
extra land being charged by the Rajasthan Housing Board was
excessive, then he could have withdrawn from the process of
allotment.
Be that as it may. Having regard to the material available on
record, I am of the firm opinion that the allotment letter
(Annex.2) dated 23.12.2009 wherein the rate of extra land has
been charged at Rs.1900/- per square meters does not suffer from
any illegality, irregularity or arbitrariness so as to require
invocation of the extraordinary writ jurisdiction of this Court. It
may further be observed that the petitioner has managed to stall
the proceedings of allotment for a period of nearly six and half
years by filing the instant writ petition and thus, if he still seeks
allotment of the house in question, then he shall have to accede to
the additional charges etc. which may be levied for the delay
occasioned in payment towards the allotment as per the
norms/policy decisions of adopted by the Rajasthan Housing
Board.
The writ petition as well as stay application are dismissed
with the above observations.