O P SARWAL Vs. CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) The petitioner who is a senior citizen Article 226 of the Constitution praying for quashing order Annexures P-7 dated 14-12-1993, P-11 dated 9-1-1995 and P-13 dated 28-4-1995 which have resulted into cancellation of allotment of Flat No. 5156/1 Category-I at Manimajra under the Self-Financing Scheme, 1989. An alternate prayer has also been made to the effect that a direction be issued to respondent-Board to refund the amount of Rs. 20.000/- initially deposited by the petitioner on 26-6-1989 along with the interest at the rate of 18% from the date of deposit till the date of refund.

(2.) Facts in brief are that the petitioner who had retired as Engineer-in-Chief from the Punjab State Electricity Board on 31-5- 1987, applied for a flat of category-I in Self Financing Housing Scheme in response to an advertisement and Brochure issued by the respondent-Board (Annexure P-I). According to the terms and conditions of the brochure, the mode of allotment was by a draw of lots if the number of applications received exceeded the number of flats and waiting list was to be prepared to the extent of 10% of the total number of flats. The initial deposit to the unsuccessful applicant was to be refunded in full without interest. The allotment was to be subject to the provision of Haryana Housing Board Act 1971 as applicable to U.T., Chandigarh and the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 and the Capital of Punjab (Development and Regulation) Act, 1952 and the rules and regulations made thereunder. The mode of payment was also prescribed which reads as under :-

(3.) The brouchre also laid down certain other conditions of eligibility. The applicant was required to be such a person who or his wife/tier husband or any of his/her dependent relations including unmarried children did not own a free-hold or lease-hold or on hire-purchase basis a residential plot/house in the Union Territory of Chandigarh or in (Contd. on Col. 2) either of the Urban Estates of Mohali and Panchkula. It further stated that persons who have acquired a house/residential site anywhere in India through Government/Semi-Government/Municipal Committee/Corporation Improvement Trust/Notified Area Committee at concessional rates i.e. at reserve/fixed price, in their names or in the names of dependent members of their families, were not eligible for allotment under the Self Financing Housing Scheme.