MANOHAR S. PRABHU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE facts and questions of law in these two petitions are the same. A common judgement.

(2.) THIS is a public interest litigation initiated by two social workers. A special scheme was framed under the Goa, Daman and Diu Housing Board (Registration, Allotment and Sale of Plots) Regulations, 1982. Under this special scheme certain plots admeasuring 400 to 500 square metres in Provision were allotted to M.Ps., Ex -M.Ps., M.L.As., Ex -M.L.As., and their widows at Rs. 43/ - per square metre as against the prevalent market price said to range between Rs. 250/ - to Rs. 300/ - per square metre. It is this special scheme and allotment which are challenged in these writ petitions.

(3.) ACCORDINGLY the Regulations of 1982 were framed 'regarding the allotment of sites/tenements by the Housing Board'. Reg. 1(2) provides that the regulations shall apply to registration of intending purchasers of plots developed by the Board for construction of residential house/flat/bungalow. Reg. 3 lays down the conditions of eligibility. Sub -clause (3) provides that only those persons whose annual income exceeds Rs. 4.200/ - but does not exceed Rs. 30,000/ - shall be eligible, to apply for registration. Reg. 4 provides for reservation of plots for persons belonging to different categories namely: - (i) Scheduled Castes/Scheduled Tribes and otherbackward classes ... ... ... 2%(ii) Freedom Fighters ... ... ... 1%(iii) Existing and ex -members of Parliament/M.LAs.and Ex -M.L.As. ... ... ... 2%(iv) Ex -Servicemen - - including personnel of Para -military forces and widows of defence personnel killed in action ... ... ... 1%(v) Blind and physically handicapped persons ... 1% Reg. 5 provides for advertisement in local newspapers inviting applications for registration of plots. Reg. 12 pertains to 'Other Conditions'; Sub -clause (c) gives power to the Board to devise a special scheme for allotment of plots to certain classes of persons.