ffi "Abstrael ss' ''Housing and Urban Development house I flat frorl Tarnil Nadu Government, Board, Corporation prevailing rate on 1/3'd or 1l4th instalments - Orders - lssued.
G.O.(Ms).No.113 Housinq and Urban Development (HB4(2)) Department Department - TN llatcd 21 05 )O1?
i Read:
1.
3.
G.O.(Ms).No.174, Housing and dated 7.2.1991.
G.O.(Ms).No.1574, Housing Department, dated 24.12.1 991.
G.O.(Ms).No.466, Housing and Urban Development Department, and Urban Development Urban Development Department, ,t"eof dated 25.4.1995.
4. Tamil Nadu Housing Board resolution No.9.04, dated 28.8.2003.
ORDER:- ln the G.O. first read above following orders were issued.
(i) The Chairman and Managing Director, Tamil Nadu Housing Board is requested to collect interest from the Government Servant allottees at the prevailing rate on 1/3'd or 1l4th cost of the flat / house, as the case may be, and interest on the monthly instalments alone, from the date of ready for occupation, till the date of sanction of House Building , Advance.
(ii) This procedure should be adopted in respect of all allotments made on or after 1't January 1985, as stipulated in G.O.Ms.No.1666, Housing and Urban Development dated 16.12.1988.
(iii) The interest should be calculated as stipulated in items (i) and (ii) above and the excess amount so far paid by the allottee, if any, should be adjusted towards future interest to be paid by the allottee, till sanction of House Buildinq Advance or towards the halance cost of the flal I house. The excess amount paid by the allottee should be refunded if the entire cost of the flat / house has been paid in full, as the case may be.
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Hr.rusing Board by tlr}\Sfi and Local Bodies Payri cost of.the flat / house and interest uilt ntral interest at on monthly 4 /1o /S%{[\-/ 2 v r cU..- i-\*:.'/ punm rjj,flel 1'L- \
2. ln the G.O. second read above orders were issued providing reservation of 18.5% under Tamil Nadu Housing Board Quota to State Government Servants including Employees of Tamil Nadu Housing Board..Hence benefits / Concession granted in the G.O. first read above were extended to the Employees of Tamil Nadq Housing Board till the issue of G.O. third read above in which the benefit is restricted to the Government Servants alone.
3. The MIG House No.B105 Mannargudi SMT Scheme Phase-ll was allotted on 30.4.1997 to Thiru K. Arunagiri, Technical Assistant, Tamil Nadu Housing Board and he has requested the Tamil Nadu Housing Board to calculate interest as.ordered in the G.O. first read above. However Tamil Nadu Housing Board has rejected his request as the order iS applicable only to Government Servants and not for the Corporation / Board Employees. Aggrieved by the above, Thiru Arunagiri and 3 others have filed W.P. No.3361/2003, W.P.No.642112003, W.P.No.722412003 and W.P.No.7291l2OO3 and the Hon'ble High Court in its order dated 15.9.2004 and
1S.i.2OO5 in the above W.Ps. has directed that the delay was only due to the Housing Board in belatedly sanctioning the House Building Advance, the petitioner is not liable to pay interest for the period from 5.6.1997 to 22.2.2001. Against the order, Tamil Nadu Housing Board has filed a W.A.Nos.1771lO5, 1B4B/05,3421OG and 564/06. The Hon'ble High Court in its common judgement dated 24.1.2008 has disposed the above appeals and directed Government to restore the concession granted in G.O.Ms.No.174, Housing and Urban Development Department, dated
1.Z.lggl. The Tamil Nadu Housing Board has filed SLP No.20327 lo 2033012011 against the above order of the Hon'ble High Court Madras. The Hon'ble Supreme Court of lndia in their order dated 6.1.2012 dismissed the above SLPs on the ground of delay.
. 4. The Advocates on behalf the petitioners have requested the Government to pass orders in the matter in accordance with orders of the Hon'ble Courts, othenarise, contempt proceeding will be initiated against the respondents. Accordingly Government after consideration issue the following orders:- i) The Managing Director, Tamil Nadu Housing Board is requested to collect interest from the allottees of all the Employees of Central ' Government, Board, Corporation and Local Bodies at the prevailing rate for 113'd or 1l4th cost of the flat / house as the case may be and interest on the monthly instalments above, from the date of ready for occupation till the date of sanction of House Building Advance.
ii) The procedure should be adopted in respect of all allotments made on or after 1't January 1985, as stipulated in G.O.(Ms).No.1666, Housing and Urban Development Department, dated 16-12.1 9BB.
ii) The interest should be calculated as stipulated in items (i) and (ii) above and the excess amount so far paid by the allotee, if any should be adjusted towards future interest to be paid by the allottee tlll the sanction -3- i I of House Building Advance or towards the balance cost of the flat / i ' house. The excess amount paid by the allottee should be refunded if the i ,' entire cost of the flat / house has been paid in full, as the case may be.
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5. This order issues with the concurrence of Finance Department vide its No. 1 4646/Finance (BPE)12012, dated 16.3.2012.
fn u.o.
(BY ORDER OF THE GOVERNOR) K. PHANINDRA REDDY, SECRETARY TO GOVERNMENT.
\H Thq{anaging Director, la'mit Nadu Housing Board, Chennai-35.
CoPv to:- All Executive Engineers and Administrative Officers of Tamil Nadu Housing Board.
Thiru K. Jayaraman, Advocate, 308, 1"t floor,Navin House, Thambuchetty Street, Chennai-1.
SF/SC.
/ FORWARDED II BY ORDER / l,w#'' SECTION OFFICER Yta-