The Madras High Court on Friday directed the Tamil Nadu Housing Board (TNHB) to execute sale deeds in favour of Indian Administrative Service (IAS) officers who had already paid 60% of the cost of houses allotted to them under the “Own Your House Scheme” for government servants, at Nerkundram near Koyembedu here.
Justice T. Raja passed the common interim order on a batch of writ petitions filed by Dharmapuri Collector S. Malarvazhi, Managing Director of Sagoserve (Salem Starch and Sago Manufacturers’ Service Industrial Co-operative Society) R. Gajalakshmi, Tiruvallur Collector E. Sundaravalli and Krishnagiri Collector C. Kathiravan. The judge agreed with senior counsel N.L. Rajah, representing the writ petitioners, that although the petitioners had approached the court disputing the quantum of the sale consideration fixed by TNHB, there was no bar on executing sale deeds in favour of those who had paid 60% of the consideration demanded by the board.
In her affidavit, Ms. Sundaravalli, 45, pointed out that the government had come up with the “Own Your House Scheme” aimed at providing affordable housing to government servants without any profit motive, in 2010. The TNHB made the first allotment through lot system on April 30, 2011 at a cost of ₹65 lakh per house.
Draw of lots
The second allotment, again through draw of lots, was made to 32 All-India Service officers on August 10, 2012, at a cost of ₹67,27,500, payable in instalments. However, in 2013, the government revised the cost of the houses allotted and demanded ₹84.70 lakh from the first set of allottees and ₹86.97 lakh from the second set of allottes in 10 instalments.
Stating that she got appointed as a Deputy Collector in 2001 through the Tamil Nadu Public Service Commission and got inducted into the IAS only on December 31, 2012, about four months after the second allotment of houses, Ms. Sundaravalli said her request for allotment of a house was rejected by TNHB in 2013.
However, she continued to follow up the matter until the TNHB in 2015 allotted a dwelling unit to her at a cost of ₹1.35 crore. Then, it was made clear that 60% of the cost should be paid within 60 days in two instalments and the rest 40% should be paid whenever the board asks.
Aggrieved over the high cost fixed by the board, she made a representation to the Managing Director of TNHB. In reply, she was told that the board had passed a resolution on May 28, 2015 deciding to sell the houses at a higher cost to officers who were inducted in to the IAS in 2013.
Pointing out that the reasoning given by the official was erroneous, the petitioner said that she got inducted into the IAs in 2012 itself and therefore the TNHB resolution would not be applicable to her. The other three IAS officers too had made similar contentions in their affidavits and sought exemption from paying the amount fixed in 2015.
