RATTNA RAM Vs. CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) The Haryana Housing Board Act, 1971 was extended to the Union Territory of Chandigarh vide Government, of India notification dated 14.1.1975, in exercise of the powers conferred by Section 87 of the Punjab Reorganisation Act,1966. The Chandigarh Housing Board (hereinafter referred to as the 'board') with the previous sanction of the Administrator, in exercise of its powers Under Section 74 of the Act framed Regulations known as Chandigarh Housing Board (Allotment, Management and Sale of Tenements ) Regulations, 1979, for short the regulations. In the year 1977 the Board published a scheme for allotment of various type of houses constructed by it. The scheme was known as "302 M.I.G. (Independent) Scheme Sector 40-C Chandigarh". Petitioner applied for the allotment of a house under the Middle Income Group and deposited a sum of Rs. 2,500/-. He was consequently registered vide Registration No. 9959. Petitioner got married in the year 1976 and as a result of this Wedlock, he was blessed with a daughter in, the year 1979. The case of the petitioner is that he and his wife could not pull on together and thus he divorced his wife on 6.1.1980. The wife of the petitioner was alloted house No. 827, Sector 40A, Chandigarh in the year 1979 in the lower Income Group Category, out of discretionary quota. Petitioner is alleged to have obtained divorce from his wife under custom and on the strength of this divorce he filed a suit for declaration on 26.10,1982 in the court of Sh. G.S. Sewak, Sub Judge Ist Class, Gharshanker, which was decreed on 29.11.1982, thereby granting a declaration that the petitioner and his wife no longer husband and wife and the marriage stood dissolved according to custom on 6.1.1980.

(2.) Petitioner was also alloted M.I.G. (Independent) house vide allotment letter dated 27.8.1980 on the terms and conditions as detailed in it. Petitioner had given an affidavit to the effect that he or his wife or any other dependent relation did not own or freehold or lease hold basis a residential house in the Union Territory of Chandigarh or in any of the Urban Estates of Mohali or Panchkula.

(3.) Petitioner was issued a show cause notice on 8.12.1982 asking him to show cause as to why his allotment be not cancelled and the entire deposit made by him forfeited on the ground that he while accepting the allotment of house No. 2814, Sector 40 -C, Chandigarh, had filed an affidavit to the effect that he or his wife did not own freehold or leasehold Mouse in the Union Territory Chandigarh, and that he had concealed the fact that Smt. Joginder Kaur, had already been alloted house No. 827 Sector 40-A, Chandigarh Petitioner, submitted,-a reply to the show cause notice mentioning that his marriage stood dissolved on, 6.1.1980 and the affidavit was correct Petitioner; was required to attend the office of the Board, but he never appeared before, the Chairman. He therefore, received an order dated 21.3.1984 signed by the Development Officer, for the Chairman, Chandigarh Housing Board, cancelling the allotment of the dwelling unit in his favour and further forfeiting the entire amount deposited by him on the, ground that the dissolution of marriage binds only the parties thereto and that the declaratory decree was not binding on the Housing Board. Ft is this order which is under challenge in this writ petition.