U K ACHARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Introductory facts: Both these petitions under Art. 226 read with Art. 14 of the Constitution have been filed by large number of occupants of flats situated In colonies known as H and `L Colonies at Paldi locality in this city. These colonies were constructed by Gujarat Housing Board respondent No. 2 in each of these petitions. They were placed at the disposal of State of Gujarat respondent No. 1 in both these petitions for allotting these concerned flats 396 in number to Government servants amongst others. Initially these allotments were made to the concerned Government servants who were to be housed on the formation of the State of Gujarat on 1-5-1960. The petitioners contend that these flats should be allotted to them on hire-purchase basis and they should be made the owners thereof. In this connection they challenge the resolution dated 18-2-1975 issued by the State of Gujarat in Public Works Department converting all the existing 396 flats in lower income group to hire purchase scheme for allotment on hire purchase basis and laying down certain terms and conditions on which the scheme is to operate. They also challenge the addendum to the said resolution dated 10-3-1980. In Special Civil Application No. 980 of 1980 there are 76 petitioners. As stated above they are occupying the flats situated in these `H and `L colonies. They pray for a of mandamus or other appropriate writ for quashing and setting aside the Government resolution dated 18-2-1975 as modified by later resolution dated 10-3-1980 and have also prayed for suitable permanent injunction against respondents Nos. 1 and 2-State of Gujarat and Gujarat Housing Board respectively restraining them from allotting flats of H and L colonies in accordance with the said impugned resolution. They have also prayed for further direction to be issued to respondents Nos. 1 and 2 for allotting flats of `H and L colonies on hire purchase basis to the occupants of the flats on the date of the notified resolution dated 10-3-1980 irrespective of their income in the lower income group middle income group and higher income group.

(2.) The parties have produced before us one circular of the Government of India in the Ministry of Works Housing and Supply which was issued in the year 1979. By this circular the Government of India have sponsored a scheme called Low Income groups housing scheme. The circular consists of 8 paragraphs all of which are not necessary for our purpose. However paragraphs 1 and 2 are very important and therefore they should be referred to in details. Paragraph 1 introduces the scheme which is essentially for the purpose of disbursement of loans by the Central Government to State Governments to enable the latter to construct new houses for the persons in low income group. The lower income group which is contemplated by it consists of all persons whose annual income does not exceed Rs. 6000.00. Paragraph 2 of the circular provides for eligibility of the persons who would be entitled to take benefit of the scheme and specifically provides that only those whose annual income does not exceed Rs. 6000.00 would be eligible to take the advantage of the scheme. Clause (c) of paragraph 2 permits the construction of houses to be sold or let out on no-profit no-loss basis to the persons who are eligible i.e. whose annual income does not exceed Rs. 6,000 and further enables the State Government and local bodies to allocate not more than 25% of such houses to their own employees who are so eligible. With this introduction we would quote both these paragraph of the circular which are as under:

(3.) It was pursuant to the above referred scheme of the Central Government that the disputed flats of H and L colonies were built by the Housing Board at Ahmedabad. The affidavit filed in the case reveal that construction of a new flat was over in 1960 but the construction of all the flats was over some wherein 1963. There are in all 396 flats in both the colonies. `H colony having 256 flats while L colony having 140 flats. When this construction started the concerned Government was the erstwhile Government of Bombay. But as a result of the bifurcation of the State of Bombay the State of Gujarat came into existence on 1-5-1960. We are informed that one letter was written by an Under Secretary to the Government of Bombay Labour and Social Welfare Department on 19 to the Chairman of the then existing Housing Board regarding the allotment of these tenements which were admittedly constructed for low income group persons. By this letter the said Under Secretary informed the Chairman of the Housing Board that the Govt. had decided that the tenements as and when they were ready for occupation should be allotted temporarily to Government servants who are to be transferred to Ahmedabad as a result of proposed bifurcation of the present State of Bombay. He thus requested the Chairman to place these tenements as and when they became ready for occupation at the disposal of the Government for housing Government servants. Several months thereafter the concerned Executive Engineer wrote one letter to the Accommodation officer Government of Gujarat on 27-5-1960 informing him that the possession of 20 tenements at Paldi had been handed over to him (Accommodation officer) on 15-4-1960. Several years thereafter i. e. on 18-3-1969 the Joint Secretary to the Government of India in the Ministry of Works Housing and Supply wrote to Secretary Labour and Social Welfare Departments Government of Bombay agreeing to the diversion of all the 300 tenements which were constructed so far for housing the State employees from the date of their completion subject to the conditions that not more than 25% of all the houses built under the scheme were allotted to the State Government employees.