NASIRUDDIN Vs. NAGAR NIGAM GAZIABAD

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been filed praying that respondent Nagar Nigam, Ghaziabad be directed to execute a sale deed of Flat No. 20 Gandhi Nagar, Ghaziabad in favour of the petitioner and that it may be restrained from interfering in his possession over the said flat.

(2.) It is averred in the writ petition that the petitioner was employed in Nagar Nigam, Ghaziabad in 1964 and retired as Nazir (Sadar) on 31-12-1999. The Municipal Board, Ghaziabad (which became Nagar Nigam in 1994) had construed flats on Patel Marg and in Gandhi Nagar which were also allotted to its employees. The petitioner was allotted flat No. 20 in Gandhi Nagar on 28-2-1989, for which he was required to pay Rs. 122.65 as standard rent. The State Government had issued a G. O. on 17-6-1993 granting approval to the Nagar Nigams to sell those flats which had been given on rent. The claim of the petitioner is that as the flat in question had been allotted to him and he is an erstwhile employee of the Nagar Nigam, the Nagar Nigam should be given a direction to execute a sale deed of the said flat in his favour in terms of the Government Order. A copy of the Government Order issued on 17-6-1993 has been filed as Annexure 2 to the writ petition. The heading of the Government Order is as follows :

(3.) Learned counsel for the respondent has submitted that the Government Order relates specifically to uneconomical properties and not to all the properties and no decision has been taken by the Nagar Nigam, Ghaziabad that flats in Gandhi Nagar are uneconomical which may be sold. There is no averment in the writ petition that Nagar Nigam, Ghaziabad has taken any decision to the effect that flat in question comes within the category of uneconomical properties nor any such material has been placed on record. The Government Order gives permission for sale of only uneconomical properties and not for every kind of property of Nagar Palika/Maha Nagar Palika. That apart, the effect of the Government Order is limited to the extent that it grants permission for sale of uneconomical properties by the local bodies. It does not lay down that the properties must be sold. It is the discretion of the concerned Nagar Palika/Maha Nagar Palika whether to sell a property or not which may depend upon the facts and circumstances of the each case. The petitioner therefore cannot claim any legal right on the basis of the6 aforesaid Government Order that the Nagar Nigam, Ghaziabad is bound to sell the flat in question in his favour and consequently no such writ as claimed by the petitioner can be issued.