LAWS(SC)-2024-2-94

CHANDIGARH HOUSING BOARD Vs. TARSEM LAL

Decided On February 07, 2024
CHANDIGARH HOUSING BOARD Appellant
V/S
TARSEM LAL Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Being aggrieved by judgment dtd. 10/8/2018 passed by the High Court of Punjab and Haryana at Chandigarh, the appellant/Chandigarh Housing Board has preferred this appeal.

(3.) Briefly stated, the facts pertinent to the adjudication of the present appeal are that the appellant herein, vide advertisement dtd. 28/6/1983, had called for applications for allotment of houses exclusively for Scheduled Castes and Scheduled Tribes and a total of 35 houses in the HIG (Upper) and HIG (Lower) categories were reserved for that purpose. This advertisement was issued pursuant to Regulation 25 of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 which makes a provision for reservation of 12.5 % of the total number of dwelling units for Scheduled Castes and Scheduled Tribes. One of the conditions stipulated for the applicants was that they should be a domicile of Union Territory (U.T.) of Chandigarh or should have been a bona fide resident of U.T. of Chandigarh for a period of at least three years on the date of submission of the application. The respondent submitted his application and the draw of lots was held on 9/9/1983. The list of successful applicants was published on 12/9/1983 wherein thirty houses were allotted.