Item No.6
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.497 of 2016
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The matter is listed today in the category of 'for dismissal', as
none had appeared for the appellants/writ petitioners on two running
dates i.e on 10.02.2021 and 09.06.2021. On the last date of hearing,
learned counsel for the respondents No.3 and 4 had stated that he may
be permitted to obtain instructions from the Housing Board as to whether allottees/members of the appellant No.1/Association had taken possession of the subject houses by now. He was also directed to give a written intimation of the next date of hearing to learned counsel for the appellants/writ petitioners.
2. Learned counsel for the respondents No.3 and 4 states that he had served learned counsel for the appellants/writ petitioners with a notice informing him of the next date of hearing. It is only pursuant to that, appearance is entered on behalf of the appellants/writ petitioners. Learned counsel further states that out of 528 houses, 365 houses have already been registered and during the pendency of the writ appeal, the final costs of the houses had been fixed by the authority and therefore, even otherwise, the writ appeal is infructuous. W.A.No.497 of 2016 Page 1 of 2
3. We are inclined to agree with the submission made by learned counsel for the respondents No.3 and 4. Even on merits, in our opinion, the writ petition filed by the Allottees Welfare Association was not maintainable, that too when it relates to disputes regarding non-statutory costs. If a particular allottee was aggrieved by the costs fixed by the authority, it was for him/her to seek appropriate legal recourse. Further, the tentative costs have now been converted into final costs, which is a subsequent event. If any of the allottees are aggrieved by the final costs, it is for them to seek appropriate legal recourse.
4. The present appeal is disposed of in view of the aforesaid observations along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 17.08.2021 JSU W.A.No.497 of 2016 Page 2 of 2