SHASHI BALA Vs. CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) The petitioner complaints that the action of the Chandigarh Housing Board in cancelling the allotment of the dwelling unit was arbitrary, unfair and violative of the principles of natural justice. She prays that the order dated July 3, 1999, a copy of which has been produced as Annexure P-4 with the writ petition, be quashed. A few facts as relevant for the decision of the case may be briefly noticed.

(2.) The Board invited applications for the allotment of dwelling units constructed for the persons belonging to the category of low income group. The petitioner was one of the applicants. Since the number of applicants was more than the available units, it was decided to make allotment by draw of lots. The lots were actually drawn on November 5, 1998. The petitioner was lucky. She was allotted unit No. 2359/3 in Sector 45-C, Chandigarh.

(3.) Under the terms of allotment, the petitioner had to pay an amount of Rs. 16,655/- by February 25, 1989. This amount represented 25% of the total price of the unit. Apprehending some financial difficulty, the petitioner had requested for the grant of extension of time. The request was accepted vide letter dated December 30, 1988, a copy of which has been produced as Annexure P-1 with the writ petition. The petitioner was allowed to make the payment by March 27, 1989. The petitioner actually paid Rs. 15,665/- on February 25, 1989. She deposited the balance of Rs. 1,000/- on March 27, 1989. Thus, the full amount as due was deposited by the date fixed by the respondent Board. Despite this, the petitioner was informed vide letter dated July 3, 1989 that the allotment had been cancelled. In Para 6 of the letter it was mentioned as under :-"And whereas neither any intimation has been received nor the payment and documents have been submitted within the stipulated time, nor any application for extension has been received from you as per Clause 4 of the allotment letter."