NATUBHAI GORDHANDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) An important question which is involved in this Writ Petition is whether the directions given by the State Government in form of a Resolution to the State Housing Board (which is hereinafter referred to as the Board) for the disposal of some residential flats built for low income group persons are infringing the provisions of Art. 14 of the Constitution of India inasmuch as they resort to a Classification which has no nexus with the proclaimed object of regulations framed for disposal of such flats.

(2.) The petitioner No. 1 is a resident of Ahmedabad and petitioners Nos. 2 and 3 are Government servants at present occupying houses allotted to them in Housing Colonies built by the Board at Ahmedabad within the limits of Paldi area. These colonies are known as H & L colonies and this writ petition is with regard to the flats of these colonies. Respondent No. 1 is the State of Gujarat respondent No. 2 is the Gujarat Housing Board through its Chairman respondent No. 3 is the Housing Commissioner of the Board respondent No. 4 is the Union of India while respondents Nos. 5 to 14 are the persons who are interested in the petition and who are joined as parties as such.

(3.) At this stage without going into the factual aspect of the matter it can be said that the petitioners make a grievance that the Government have by giving directions to the Board through their resolution No. LCS1058 dated 22nd June 1972 as regards the disposal of these flats on hire purchase scheme infringed the equality clause contained in Article 14 of the Constitution because by these directions they have arbitrarily proposed to dispose of these flats even to those who do not fall within the low income group category of people for whose benefit they are constructed. According to the petitioners these directions of the Government are purely arbitrary in fixing a date for the purpose of deciding the income eligibility of an applicant for allotment and also in resorting to classifications for eligibility and sub-classifications for preferences for allotment on hire purchase basis. The petitioners have therefore prayed for a declaration that the above referred Resolution which is the impugned resolution and which is annexed with the petition as Annexure B is illegal ultra vires and of no effect as it is violative of Art. 14 of the Constitution. They have also prayed the Court to direct the respondents Nos. 1 and 2 to dispose of the flats in question in accordance with the provisions of Act read together with Rules and Regulations framed thereunder and to issue injunction restraining the respondents Nos. 1 2 and 3 and their servants from implementing the directions contained in the impugned resolution.