RAGHBIR SINGH Vs. ADVISOR TO ADMINISTRATOR

JUDGEMENT

(1.) The petitioner has prayed for issuance of a writ of certiorari for quashing orders dated 4.10.2004 (Annexure P-3), 12.6.2007 (Annexure P-6), 20.2.2008 (Annexure P-7), 12.11.2008 (Annexure P-8) and 18.3.2009 (Annexure P-9). In brief, the facts of the case are that the petitioner was allotted a dwelling unit No. 2229/3, Sector 45C, Chandigarh vide allotment letter No. 4054 dated 20.5.1996 and possession was delivered on 8.8.1996 by the Chandigarh Housing Board (for short 'the Board').

(2.) The Chief Executive Officer of the Board, served a show-cause-notice upon the petitioner on 19.7.2004 for cancellation of allotment of Dwelling Unit No. 2229/3, Sector 45-C, Chandigarh (for short 'unit'), on the ground that the Superintendent of Police, CBI, Chandigarh, vide his letter No. DPCHG/2004/0998/ RCCHG/2002/A/0036 dated 13.2.2004, has intimated that the petitioner owned residential Plot No. 2373, Sector 71, SAS Nagar, Mohali, on the date when he had applied for allotment of the above unit in Chandigarh. He was informed that he has filed false affidavits dated 13.02.1996, 18.4.1996 and 18.6.1996, and concealed material fact of having Plot No. 2373, Sector 71, SAS Nagar, Mohali, in order to fraudulently secure allotment of dwelling unit No. 2229/3, Sector 45-C, Chandigarh, because he had furnished the affidavits to the effect that neither he or his spouse nor any of his relations including unmarried children own freehold or lease-hold or on hire-purchase basis a residential plot or house in UT, Chandigarh or in either of the Urban Estates of Mohali or Panchkula and had further stated that he has not acquired a plot or house anywhere in India through Government/Semi Government/Municipal Committee/Corporation/Improvement Trust/Notified Area Committee, at concessional rate, i.e., reserved/fixed price in his name or in the name of any dependent member of his family.

(3.) The petitioner replied to the show-cause-notice by informing that residential Plot No. 2373, Sector 71, SAS Nagar, Mohali, was acquired by him on 21.8.1989 and was sold on 29.12.1995 byway of agreement to sell to Roop Lal s/o Sh. Ram Singh, resident of House No. 200, Phase 3B1, Mohali, and also handed over the possession. The Chief Executive Officer of the Board, vide his order dated 4.10.2004 (Annexure P-3), cancelled the allotment and ordered forfeiture of the amount deposited by the petitioner, who was further directed to hand over vacant possession of the dwelling unit to the Chief Engineer, Chandigarh Housing Board, within a period of 15 days. The petitioner filed an appeal against order dated 4.10.2004 (Annexure P-3), which was dismissed on 12.6.2007 (Annexure P-6), by the Chairman of the Board. The petitioner's appeal was further dismissed by the Board vide order dated 20.2.2008 (Annexure P-7) which he challenged by way of revision under Section 72-B of the Haryana Housing Board Act, 1971, as extended to the UT, Chandigarh, before the Advisor to the Administrator, UT, Chandigarh. The said revision was also dismissed on 12.11.2008 (Annexure P-8). The petitioner then filed an application for recalling of order dated 12.11.2008 (Annexure P-8), which was declined on 18.3.2009 (Annexure P-9).