KRISHAN LAL PASRICHA, DEVELOPMENT OFFICER, LIFE INSURANCE CORPORATION OF INDIA, NEW DELHI Vs. HOUSING BOARD, HARYANA, CHANDIGARH AND ORS.

JUDGEMENT

(1.) The petitioner applied for allotment of six houses in the LIG category at Ambala City on 28.6.1986 and deposited a sum of Rs. 9,000/ - as application fee. In the draw of lots held on 20.5.1987, the petitioner was held to be successful for allotment of six houses, namely H.No.683 to 688 LIG houses in the Housing Board Colony, Baldev Nagar, Ambala City. In pursuance to the draw of lots, letters of allotment were issued on 17.8.1988 and 23.8.1988. On the receipt of the aforesaid letters, the petitioner deposited a sum of Rs. 18,800/ - as allotment money for all six houses. The petitioner was also issued letter of allotment dated 29.1.1990 (Annexure P -1) and he was advised to take possession of the houses after depositing the balance allotment money within fifteen days from the date of the issue of the letter, failing which further action would be taken under Regulation 13 of the Housing Board, Haryana Allotment Management and Sale of Tenements Regulation, 1972. The petitioner however, wrote a letter dated 28.2.1990 pointing out that as the letter of allotment had been received late and the houses in question did not have the requisite facilities, it was not possible for him to accept the offer. On this request, the Board issued a show cause notice dated 18.1.1991 (Annexure P -3 to the petitioner) pointing out that the extended time limit for depositing the allotment money and for taking possession of the plot had expired on 14.6.1991 steps would be taken to cancel the allotment. The petitioner, however, made a request vide his letter dated 31.1.1991 bringing certain facts to the notice of the respondent -Board. In pursuance of the aforesaid letter, the Board issued another letter (Annexure P -5) dated 13.2.1991 once again calling upon the petitioner to make the deposit of the allotment money and also to take possession of the houses within fifteen days from that date. Pursuant thereto, the petitioner deposited the allotment money amounting to Rs.32,000/ - vide communication dated 27.2.1991 (Annexure P -6 to the petition). The Board thereafter wrote to the petitioner that he should take possession of the houses, but the petitioner replied vide Annexure P -7 dated 1.3.1991 that as he was an employee of the Life Insurance Corporation the rush of work brought on by the end of the financial year, would make it difficult for him to take possession till May, 1991. The respondent -Board again wrote a letter dated 10.4.1991 to the petitioner calling upon him to take possession. The petitioner once again replied vide Annexure P -9 dated 18.4.1991 that it would be appropriate that time be given to him upto the second half of May, 1991 to take possession. As the petitioner had not taken possession of the property in terms of letter of allotment, the respondent -Board thereafter vide letter (Annexure P -10) dated 23.5.1991 cancelled the allotment made in favour of the petitioner and forfeited 25% of the registration fee. Vide Annexure P -11 dated 25.8.1991 the balance amount of the earnest of the earnest money was also refunded.

(2.) It is against the order (Annexure P -10) that the present petition has been filed.

(3.) The broad facts pleaded by the petitioner have not been denied. It has, however, been pleaded that as the petitioner had not taken possession of the property in accordance with the letter of allotment, the order (Annexure P -10) had been rightly made after appropriate show cause notices had been served on the petitioner. It has not been denied that the earnest money as due had been deposited by the petitioner in time i.e. on 27.2.1991.