BALWANT KAUR Vs. CHANDIGARH HOUSING BOARD, CHANDIGARH

JUDGEMENT

(1.) The petitioner claims a writ of mandamus directing the respondent to hand over the possession of HIG Flat No. 1048/2, Sector 39-B, Chandigarh allotted to the petitioner.

(2.) The petitioner applied for a plot in response to an advertisement published by the respondent-Board for allotment of 150 plots of Category-I in Sector 45, Chandigarh in Self Financing Scheme (for short 'the Scheme') vide an application dated 4.12.1986 (Annexure R- 1). Subsequently, in the year 1989, another Scheme was floated for allotment of 1750 HIG Flats in Category-I, Sector 39-B, Chandigarh including those applicants, who have not been allotted plots in the scheme earlier floated. The Board made an offer on 2.8.1989 (Annexure P-1) to the petitioner for allotment of flat in Category-I in the said Scheme in lieu of her old registration No. 17. In the event of acceptance of the offer, the petitioner was to deposit a sum of Rs. 52,000/- as the first installment and the remaining amount was payable in three half yearly installments. The petitioner accepted the offer on 4.11.1989. Thereafter the letter of allotment was issued on 7.11.1989 (Annexure P-2). The petitioner deposited three installments as well.

(3.) On 18.9.1991 (Annexure P-3), the Board wrote a letter to the petitioner seeking domicile/residence certificate as resident of Chandigarh since 1983 issued by the Sub Divisional Magistrate. The petitioner submitted the residence certificate showing herself to be the resident of SCF No.43, Sector 21-C, Chandigarh since 2.8.1983 (Annexure P-4). The petitioner was issued another letter on 10.2.1993 (Annexure P-5) to produce the documentary proof in support of the petitioner being resident of Chandigarh, as it was found that the petitioner has declared her permanent and communication address as that of House No.507, Phase I, Mohali in the application originally filed and also that she is staying in Chandigarh since 3.10.1983 at House No.9, Sector 44, Chandigarh. She had also declared to be resident of House No.9, Sector 44 Chandigarh in the affidavit dated 4.12.1986 filed along with application form, whereas in the residence certificate, she is reflected as resident of SCF No.43, Sector 21-C, Chandigarh.