SHAMIR SINGH Vs. CHANDIGARH HOUSING BOARD, CHANDIGARH

JUDGEMENT

(1.) This writ partition is filed to quash the order of the Chandigarh Housing Board dated 3.12.1985.

(2.) The Chandigarh Housing Board (hereinafter referred to as the 'Board') floated a scheme for the construction of a number of flats of four different categories and invited applications from the general public in the year 1976. In pursuance of the said advertisement dated 12.6.1976 the petitioner applied for allotment of a LIG built up house consisting of 3 rooms and deposited a sum of Rs. 1,000/- alongwith the application dated 24.6.1976. Under 1976 Scheme, 1126 persons applied for the flats. The Board constructed 1184 houses upto the year 1980 and allotted 618 houses in the year 1978 and another 432 in 1979. The petitioner was not allotted any house. When he visited the office of the Board on 6.10.1980, he was asked to give choice of houses out of the designed type of houses on the enhanced price. The petitioner challenged the action of the Board in not allotting the house in CWP No. 2622 of 1981. During the pendency of the said writ petition, the Board allotted a dwelling unit No. 1668 of LIG in Sector 40-B, Chandigarh at the cost of Rs. 76,300/- instead of at the original price of Rs. 18,000/-. In its letter dated 17.6.1984, the Board directed the petitioner to deposit a sum of Rs. 26,182/- towards initial deposit, ground rent and instalment for taking possession. The rate of interest was also enhanced to 12.75 per cent per annum. In the letter dated 17.6.1984 it is mentioned that the allotment on hire purchase basis shall be governed by the provisions of the Haryana Housing Board Act, 1971 as applicable to Union Territory of Chandigarh. The Board also directed the petitioner to submit certain documents within 30 days from the date of the said letter. The petitioner made a representation against the exorbitant price of the house and illegal demand of initial deposit of Rs. 25,000/-. The petitioner accepted the allotment of house without prejudice to his right as stated in the earlier writ petition which was pending at that time, but he did not receive any reply from the Chairman. The petitioner had sent a bank draft of Rs. 3,500/- on 12.7.1985 according to the original scheme of 1976, but the said demand draft was returned to the petitioner. The petitioner thereafter filed this writ petition to direct the Housing Board to allot him a house as per the advertisement of 1976.

(3.) It may be mentioned here that the earlier writ petition filed by the petitioner bearing No. 2622 of 1981 was dismissed by me on 29.3.1995. In the said writ petition, the petitioner sought a direction to the Housing Board for allotment of the house in pursuance of the advertisement given in May, 1976. The allotment of the houses to various people as per the schemes of the Board framed from time to time from 1976 to 1980, was not challenged by the petitioner. The Board offered a Dwelling Unit in Sector 40-B, Chandigarh in its letter dated 28.8.1995, but the petitioner did not take advantage of the offer made by the Board. There cannot be any dispute that the prices in 1985 have gone up exorbitantly from 1976. Therefore, the petitioner cannot insist that he should be allotted a house as per the terms and conditions of the scheme promulgated in the year 1976 and at the same price. It was open to the petitioner either to accept or refuse the allotment made in the year 1985. If the terms and conditions of the allotment are not acceptable to the petitioner, he can refuse the allotment, but he cannot insist on the Board to allot him a house on the basis of the scheme which was framed in the year 1976. Further the houses constructed by the Board have already been allotted to several people. The allottees of those houses are not impleaded as parties to this writ petition. Therefore, the allotments made to various persons by the Board cannot be interfered with.