W B HOUSING BOARD Vs. PAPIYA BAIN

JUDGEMENT

(1.) :- This appeal is directed against a judgment and order dated 10th March, 1998 passed by a learned single Judge in Writ Petition No. 186/97 whereby and whereunder the learned trial Judge allowed the writ application in favour of the petitioner/first respondent.

(2.) The writ petitioner/first respondent herein filed a writ application inter alia for following reliefs :-

(3.) Admittedly a scheme was floated for allotment of various types of flats by the appellant/board, general terms and conditions whereof are contained in a brochure known as Allotment and Sale of Housing Accommodation which is contained in Annexure 'H' to the said application. Clause 1.0 of the said brochure relates to "who can apply" which reads thus :-"1. An adult Indian citizen or a foreign citizen of Indian origin other than the territory now in Pakistan, Bangladesh, Afganistan, Bhutan, Nepal and Sri Lanka, whether resident in India or outside, who does not own any house/flat/house building plot in the Calcutta Metropolitan Area (Calcutta Metropolitan area means and includes Calcutta Corporation area and added areas namely, Garden Reach, South Suburban, Jadavpur and Salt Lake Notified Area) or in the area where the scheme is being implemented outside Calcutta Metropolitan area, in his/her name or in the name(s) of his/her family members and who has the required annual income as shown in the information guide may apply for allotment of a flat under the scheme. For the purpose of this regulation foreign citizen shall be of Indian origin provided;(a) he/she held an Indian passport at any time.(b) he/she or his/her father or grand-father was an Indian Citizen by virtue of Constitution of India or Indian Citizenship Act.1.2 Anyone who had obtained allotment of flat/house/plot from the Board on any occasion earlier will not have the eligibility to apply for the scheme advertised. One person can submit one application singly or jointly for any particular category under one project. Joint application is permitted only by the members of the same family, which includes husand, wife, dependant parents and dependant children.1.3. If more than one member of the same family applies for purchase of a dwelling unit in any other category or categories or in any category in any other scheme advertised by the Housing Board he/she must disclose the information in the application form. Failure to do so shall be sufficient ground to reject his/her application. In the event of an applicant becoming successful in the lottery for allotment in more than one housing scheme, he/she will be given option to decide in which housing scheme the dwelling unit is desired. The option once exercised shall be final and irrevocable.1.4. If the members of the same family are successful in lottery to draw more than one dwelling unit, only one dwelling unit shall be allotted at the discretion of the Housing Board. For this purpose, family means and includes husband/wife, dependent parents and children.1.5. The Board at its discretion can relax any of the conditions of allotment without assigning any reason.