HOUSING BOARD HARYANA Vs. RAJ RANI

JUDGEMENT

(1.) RESPONDENT No. 1 applied for allotment of a house under the Economically Weaker Section Scheme Along with the requisite form, she furnished an affidavit declaring her monthly family income to be Rs. 250/ -. She was accordingly allotted House bearing No. 874 measuring 40 square yards in Housing Board Colony at Karnal at a tentative price of Rs. 8000.00 on the basis of execution of a Hire Purchase Tenancy Agreement. At the time of delivery of possession of the house, respondent 1 also furnished a certificate issued by the Assistant Engineer, Tubewell Corporation, Sub Division-11, N. I. T. C. Karnal to the effect that her husband had not been living with her for the last six or seven years and her. monthly income was Rs. 300.00 approximately in November, 1977. The petitionerboard on having come to know that respondent-1 had mis-stated the fact of her monthly family income, inasmuch as she had not included the income of her husband at the time of registration, issued notice to her and ultimately got a regular inquiry conducted in the matter. Stand of respondent-1 before the Inquiry Officer was that she had been living separately from her husband and therefore, she did not include his income while furnishing the information regarding her monthly family income. The Inquiry Officer, however came to the conclusion that it was clearly established on record that respondent-1 had intentionally not clubbed the income of her husband in her own income in order to keep her income within the prescribed limit for the allotment of a house under the Economically Weaker Section Scheme. After the inquiry, the competent authority having come to the conclusion that respondent-1 had contravened the provisions of Clause 2 (u) of the Hire Purchase Tenancy Agreement executed by her on 16. 6. 1980 in favour of the petitioner Board by giving false statement regarding her total monthly family income at the time of registration, cancelled the allotment of the house in question and also forfeited the amount of Rs. 4168.00 deposited by respondent-1, by order No. 20 dated 9. 1. 1984. The said order was passed by respondent-2 in exercise of his powers conferred Under Section 51 (1) of the Haryana Housing Board Act, 1971. Respondent 1 was consequently directed to vacate the premises in question. Feeling aggrieved by the aforesaid order dated 9. 1. 1984, Annexure P1, respondent-1 preferred appeal before the District Judge, Karnal who by his order dated 5. 5. 1984, Annexure P2 upheld the order Annexure PI as regards the direction to respondent-1 to vacate the house in question. Learned District Judge, however, set aside that part of the order whereby forfeiture of the amount deposited by respondent-1 was ordered. The petitioner-Board has thus impugned the order Annexure P2, in the present writ petition, apparently the latter part thereof whereby the forfeiture of the amount was set aside.

(2.) THE present writ petition was admitted to regular hearing in the year 1984, but no written statement seems to have been filed nor is any available on the record. Even the actual date notice ordered to be issued to respondent-1 on 4. 10. 1996 was not received back served or otherwise.

(3.) LEARNED counsel for the petitioner re-iterated the contentions as set out in the writ petition and submitted that the part of the impugned order, Annexure P2 setting aside the forfeiture of the amount was violative of the provisions of the Haryana Housing Board Act, 1971 and the Rules and Regulations framed thereunder.