KULWANT SINGH Vs. UNION TERRITORY, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) This appeal is directed against order dated 30.08.2010 passed by the learned Single Judge of this Court in Civil Writ Petition No. 8801 of 2010 by which the writ petition filed by the appellant has been disposed of with certain directions, details of which will be noticed later on.

(2.) The brief facts that will be required to be noticed for the purpose of proper adjudication may be set out as under:-

(3.) According to the appellant-writ petitioner, the Chandigarh Administration had allotted lands at subsidized rates to the various Cooperative House Building Societies under the scheme called "Chandigarh Allotment of Land to Co-operative House Building Societies. 1991". Further case of the appellant-writ petitioner is that his daughter one Harsimran Kaur became a member of the Chandigarh Sector 21, Universal Co-operative House Building 1st Society Limited, Sector 48-B, Chandigarh and on payment of an amount of INR 1,69,000/. the name of his daughter was included in the list of the members for allotment under Category- "A". According to the appellant-writ petitioner as there was a dispute between the office bearers and the Managing Committee of the Society, his daughter had gathered an impression that there would be a delay in construction of the flats. Therefore, she had got refund of the amount paid by her. However, it appears that the daughter of the petitioner got allotment and took possession of a flat in Category-"B" which was initially allotted to one Saroj Sharma. The said flat No. 1176 falls in Category-"B" of the society. The aforesaid Saroj Sharma filed a complaint before the Registrar of the Cooperative Societies, Chandigarh, who by his order dated 18.02.2010 appointed one Capt. P.S. Shergill, PCS. Addl. Deputy Commissioner, Union Territory, Chandigarh as the Inquiry Officer. The Inquiry Officer submitted his report dated 25.2.2010 with the following recommendations:-