M BALI Vs. HOUSING BOARD

JUDGEMENT

(1.) FOR disposal of this writ petition, suffice it would be to notice the following few facts :-Smt. Prem Lata had been allotted House No. 389, MIG 'a' Sector 11, Panchkula by respondent No. 1-Housing Board Haryana (hereinafter called the 'board') on hire purchase basis. While she was paying the instalments towards the price of the dwelling unit, she entered into an agreement, on friendly basis to sell the dwelling unit to the petitioner. For transfer of a dwelling unit on friendly basis, the permission of the Board is required. The provisional permission was granted on 25. 9. 1990 for the transfer of allotment of the dwelling unit in question to the petitioner, subject to furnishing of an affidavit and indemnity bond by the transferor i. e. Mrs. Prem Lata and also transfer fee Rs. 4000/- in the shape of demand draft. This was to be complied with within 10 days of the issue of the letter dated 25th September 1990. However, the requisite documents/transfer fee were deposited with the Board vide letter dated 12th July, 1991 (Annexure P-4 ). It is apprent that requisite documents/transfer fee were not deposited within the stipulated period of 10 days from 15th September, 1990 The Board vide its letter dated 18. 9. l991 informed the transferor Smt. Prem Lata that since w. e. f. July 1990 (he hire purchase tenancy agreement had come to an end as the cost of the dwelling unit has been fully paid, the dwelling unit was not under the transfer policy of the Housing Board, Haryana The end result was that the dwelling unit was not allowed to be transferred in the name of the petitioner. This led her to file the present writ petition.

(2.) AFTER hearing counsel for the parties, it cannot be disputed that the transferor riled the requisite documents/transfer fee after the stipulated period of 10 days as required vide letter dated 25th September, 1990 and the formalities were only completed on 12th July, 1991. By that time the price of the dwelling unit by the transferor had been fully paid to the Board. Infact, the permission to transfer dwelling unit was granted after the period of hire purchase agreement had come to an end in July, 1990. In these circumstances, even if there was delay on the part of the transferor, Smt. Prem Lata to deposit the documents/transfer fee that could not have stood in the way of the transfer of the dwelling unit in the name of the petitioner. However, since a period was stipulated in the letter allowing transfer, I think the ends of justice would be met if the petitioner is allowed the transfer of the dwelling unit on friendly basis by charging the transfer fee as well as conveyance deed charges. Let this be done. The Board will intimate the petitioner the amount of conveyance deed charges, which shall be deposited by her with the Board by way of a Bank Draft within 15 days of the receipt of the intimation. On the deposit of conveyance deed charges the dwelling unit would be transferred in the name of the petitioner by the Board by execution of all legal documents, within two months of the receipt of conveyance deed charges.

(3.) THE Board will intimate the petitioner regarding the conveyance deed charges within two months from today. The petitioner undertakes to get the draft of Rs. 4000/- already deposited with the Board as transfer fee, revalidated. Writ petition is allowed in the above terms. No costs.