GURDEV SINGH Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) Chandigarh Administration in order to provide incentives to the individual acceptors of terminal method of family planning in Union Territory, Chandigarh, framed a scheme dated 12.9.1986 called 'Chandigarh Family Welfare Programme Scheme' (hereinafter called the 'Scheme'). The said scheme was published in the Chandigarh Administration Gazette dated 1.10.1986. Under this Scheme a resident of Union Territory, Chandigarh, who accepted the terminal method of family planning was entitled for the issuance of a green card. The scheme was to come into force with effect from the date of publication in the official gazette and the persons operated upon on or after the said date were to be issued green cards. Certain benefits were to be provided to holders of green cards under clause 7 of the said scheme. One of the benefits was that Chandigarh Housing Board shall reserve 5 per cent of the houses constructed by it under all Schemes like low income group, middle income group and high income group. In case number of green card holders exceeded 5 per cent, then allotment of houses was to be made by draw of lots.

(2.) Petitioner who is resident of Chandigarh was motivated by the Scheme and accordingly underwent Vasectomy operation on 11.3.1987 in General Hospital, Sector 16, Chandigarh, and was issued a green card on 28.4.1987. On 11.8.1988, petitioner submitted an application to the Chairman, Chandigarh Housing Board (hereinafter called the 'Board') requesting for allotment of a house/flat in terms of clause 7(a) of the scheme. As no action was taken on his application, the petitioner sent two reminders dated 31.8.1988 and 20.9.1988. The petitioner thereafter wrote letters dated 7.7.1988, 22.9.1988 and 28.9.1988 to respondent No. 3 requesting him to get the petitioner allotted a house from the Board in accordance with the provisions of the Scheme. Respondent No. 3 vide letter dated 9.9.1988 (Annexure P2) brought to the notice of the Finance Secretary, Chandigarh Administration, Chandigarh, that some of the green card holders have complained that the Board is not honouring the commitment to allot of houses on priority basis to green card holders which was agreed to by the Board when the Scheme was launched and the notification to that effect issued. The Board was asked to issue necessary instructions so that in future no chance is given to the public for such complaints. However, no action whatsoever was taken either by the Board of the Chandigarh Administration to allot a house/flat to the petitioner who otherwise was entitled under the scheme for such allotment. The petitioner was thus left with no other alternative but to file the present writ petition seeking a Writ of Mandamus for a direction to the respondents to allot a flat/house to the petitioner in terms of the Scheme.

(3.) In the return filed on behalf of respondents No. 1 an 3, entitlement of the petitioner under the Scheme is not denied but it has been stated that no legal right of the petitioner has been violated and thus he is not competent to invoke the writ jurisdiction of this Court. It has been further stated that proposal for amending the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 (hereinafter called the 'Regulations') is lying pending with the Chandigarh Administration and till the Regulations are amended, no allotment of house/flat to green cadre holders can be made but the petitioner shall be allotted a house/flat as and when necessary amendents are made in the said Regulations.