RAJINDER GHAI Vs. THE CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) SHRI Rajinder Ghai has filed the present Civil Writ Petition under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, direction or order especially in the nature of mandamus commanding the respondent to allot him one High Income Group (Upper) Independent built -up house in Sector 43 -B, Chandigarh and has further prayed that the respondent be restrained from making allotment of one High Income Group (Upper) Independent built -up house in Sector 43 -B, Chandigarh to any other person till the decision of the writ petition.

(2.) THE case set up by the petitioner was that Chandigarh Housing Board (hereinafter referred to as 'the Board') is a statutory body created under the Haryana Housing Board Act, 1971 as extended to the Union Territory of Chandigarh by Central Notification No. GSR 7E dated 14.1.1975. The Board is headed by the Chief Commissioner, Chandigarh, who is appointed as Administrator. It is further provided in Section 3 that Administrator shall appoint a Board known as Chandigarh Housing Board' for carrying out the purpose of the Act. This Board was established to fulfil the public functions.

(3.) THE petitioner further alleges that respondent -Board in the first instance constructed 100 HIG(U) category houses in sector 34 -B, Chandigarh. The allotment of 73 houses out of 100 was made by draw of lots on 27.3.1981. Thereafter 21 more houses were allotted to various persons and six houses are still lying unallotted for some reserved category for which there is no registered applicant.