BIKAS SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) PURSUANT to the advertisement inviting applications for allotment of flats for Low Income Group, Middle Income Group -L and Middle Income Group -U together with the car parking facilities, the petitioners made an application for allotment of the flat pertaining to Middle Income Group -L.

(2.) THE terms and conditions appended to the said invitation depicts three types of flats viz. Flat Type 'A', where the family income should be between Rs. 10,001/ - to Rs. 15,000/ - per month; Flat Type 'B', where the family income should be between Rs. 15,001/ - to Rs. 25,000/ - per month and Flat Type 'C', where the family income should be between Rs. 25,001/ - to Rs. 40,000/ - per month. The aforesaid eligibility criteria is enshrined in Paragraph III(d) of the General Terms & Conditions appended to the said publication. Sub -paragraph (e) expressly provides that the gross monthly income of an applicant shall include income of the member of his/her family and such eligibility will be determined accordingly.

(3.) IT is further provided that in case of an application is made jointly by two persons and the second applicant has no income, a declaration to that effect should be given in all cases and the total family income should be disclosed by documentary evidence duly certified by a Chartered Accountant.