PARAMJIT SINGH SANDHU Vs. CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) PARAMJIT Singh Sandhu, petitioner, in the present writ filed by him under Articles 226/227 of the Constitution of India seeks a writ in the nature of certiorari so as to quash the order Annexure P. 8 vide which Chandigarh Housing Board, respondent No. 1 herein, has cancelled the registration/allocation of dwelling unit allotted to him vide order Annexure P. 1 dated 31. 12. 1993.

(2.) BRIEF facts on which the relief aforesaid is sought to rest reveal that in the year 1993 the Chandigarh Housing Board floated a scheme for the dwelling units under the 'housing Scheme for NRI's, Government Employees and General Public at the Modern Housing Complex, Phase-III, Mani Majra, U. T. Chandigarh". Pursuant to the scheme, aforesaid petitioner applied and along with that he deposited an amount of Rs. 35,000/- on 31. 12. 1993 and vide letter, Annexure P. 1 he was allocated one dwelling unit. As per the terms of allotment, the petitioner was supposed to deposit, an amount of Rs. 65,000/- within a period of 30 days in token of acceptance of the offer and vide letter, Annexure P. 2, petitioner deposited the said amount. After paying Rs. 65,000/- the petitioner was further supposed to deposit 5 instalments of Rs. 80,000/- each and rest of the amount was to be paid when the possession was to be delivered to him. The first instalment was payable on 10. 4. 1994, 2nd on 10. 7. 94, 3rd on 10. 10. 94 fourth on 10. 1. 95 and 5th on 10. 4. 1995. As the petitioner was unable to pay the first quarterly instalment in time he prayed for extension of time vide his letter dated 6. 4. 1994. This request was allowed by respondent-Board and the petitioner was permitted to deposit the first instalment by 10 7. 1994. It is here that the petitioner is said to have committed default resulting into reminder sent by the Board to him vide Annexure P. 5 dated 16. 8. 1994. When this also, did not evoke much interest with the petitioner, he was issued a show cause notice on 9. 9. 1994 vide Annexure P. 6 and vide order dated 5. 12. 1994, Annexure P. 8, the order allocating him a dwelling unit was cancelled. It is against this order that the present petition has been filed.

(3.) I have heard the learned counsel for the parties and with their assistance gone through the records of the case.