RAJ KUMAR Vs. CHANDIGARH HOUSING BOARD AND ORS.

JUDGEMENT

(1.) Challenge herein is to order dated 14.8.1997 Annexure P/6 vide which Development Officer, Chandigarh Housing Board, second respondent herein has cancelled the registration and allocation of Second Floor flat made in the name of the petitioner in Sector 61 (Kajheri), Chandigarh and forfeited the entire amount deposited by him for concealment of the material facts as also for furnishing false information in his application form NO. 3862 in order to acquire the aforesaid flat for which he was not otherwise eligible.

(2.) Brief facts giving rise to the present petition reveal that in the year 1995, the Chandigarh Housing Board had floated a housing scheme for General Public, Government employees and accredited journalists on hire purchaser basis in Sector 61 (Kajheri), Chandigarh. Petitioner applied for the allotment of MIG House/Flat in the above mentioned scheme on 5.10.1995 and submitted the application form No. 3862 duly attested by Oath Commissioner. It was stated in the application that "he was a member of NFL Employees Co -op. Housing Board and land not allotted to individual till now". On the basis of information furnished in the application aforesaid, Allotment Committee of Chandigarh Housing Board found the petitioner eligible and his name was considered in the draw of lots for registration. In draw of lots, which was held on 7.3.1996 petitioner was registered and allotted a Second Floor Flat in Sector 61 (Kajheri), Chandigarh and was directed to deposit 60% of total payment of possession, as per allotment letter that his name was included in draw subject to production of following documents/information: -

(3.) It is further stated that in case deficiency is not settled within 30 days from the issue of this letter, his allotment would be cancelled. On 12.3.1996, petitioner submitted desired information from the employer. On 25.3.1996, petitioner was given 'No Objection Certificate' to take loan from the office/bank and at that time eligibility for allotment of petitioner was checked by the respondent/Chandigarh Housing Board. On 25.3.1996 respondent Hoard informed the petitioner to pay instalments at regular intervals as per terms of allotment letter and respondent would not accept entire amount in lump sum though petitioner deposited all the instalments at the rate of 44,000/ - well in time. On 10.6.1996, petitioner requested the President, NFL Employees Co -op. Housing Building Society to refund the amount deposited as Chandigarh Housing Board had allotted a flat to him under the scheme of 1995. On 14.6.1996, President of NFL Employees Co -op. House Building Society in a detailed letter (Annexure P/6) requested the respondent -Board to refund the money to the petitioner. However, on 28.1.1997 respondent -Board issued a show cause notice (Annexure P -8) for cancellation of registration and allocation of Second Floor Flat under Scheme 1995 on the ground of furnishing false information that land had not been allotted to the said society. Petitioner respondent to the aforesaid show cause notice vide his reply dated 10.2.l997(Annexure P/9). On 19.8.1997, petitioner received the cancellation order dated 14.8.1997. It is this order as mentioned above which has been challenged in the present writ petition on the only ground that since the petitioner has neither concealed any material information nor misrepresented to respondent -Board at any point of time and submitted all facts in his application form the impugned order could not be passed on the ground of concealment of material facts as no house had been allotted to the petitioner till date by NFL employees Co -op. House Building Society and even site plan for the construction of the said property had not been approved as well. There was no bar for the petitioner, applying for the aforesaid flat.