KAPIL DEV Vs. HOUSING BOARD HARYANA

JUDGEMENT

(1.) This order shall dispose of CWP No. 23774 of 2011, 17135, 22782, 23273 of 2010, 24418, 23780, 23781, 23775, 23776, 23777, 23778, 23782, 23783, 23784, 23785, 23786, 23787, 24559 of 2011, 1944, 1947, 212, 288, 289, 636, 687, 2101, 5701 of 2012, as common questions of law and facts are involved in all these cases. For reference, the facts are taken from CWP No. 23774 of 2011. Challenge in the present writ petition is to the order dated 30.11.2011 (Annexure P-6), whereby registration of the petitioner for allotment of Type-I flat has been cancelled and 10% of the earnest money forfeited.

(2.) Respondent-Haryana Housing Board has been established under Haryana Housing Board Act, 1971. In January, 2010, the Housing Board offered built up multi storey flats on Hire Purchase basis. The period of registration was from 19.02.2010 to 19.03.2010. The relevant eligibility condition is as under:-

(3.) The petitioner being eligible applied for the allotment of the flat. The petitioner was successful in the draw of lots. The petitioner was informed vide communication dated 30.08.2010 (Annexure P-2) that he is successful in draw of lots and was called upon to deposit a sum of Rs. 1,08,000/- on or before 30.09.2010, failing which, the registration was to be cancelled and 10% of the registration amount was to be forfeited. The said amount is 15% of the total sale consideration. The petitioner deposited the said amount. However, on 03.08.2011, a show cause notice was issued to the petitioner, wherein it was pointed out that the petitioner is not an industrial worker belonging to Bawal Industrial Estate and therefore, he is not eligible for allotment of flat in the category, in which he has been declared successful. After considering the reply filed, the allotment has been cancelled vide communication dated 30.11.2011 (Annexure P-6), which is subject matter of challenge in the present writ petition.