DALJIT SINGH Vs. CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) These are two Civil Writ Petitions Nos. 3757 and 6696 of 1989 which are being disposed of by a common order. The facts stated in these petitions are almost identical but the questions of law arising therein are indeed identical. This is the reason for writing a common order. D.S. Ahluwalia hereafter referred to as 'Ahluwalia'), the writ petitioner in the first case and S.P. Karwal (hereafter referred to as 'Karwal'), the writ petitioner in the second case, are both retired government servants. So are respondents Nos. 2 to 7 in the first petition; also impleaded as respondents Nos. 3 to 8 in the second petition. There are others involved too, who stay in the background. The contesting parties thus can appropriately be called people in the evening of their lives, and being people above 50 or 55 years of age have presumably and naturally some impairment or the other with regard to their body limbs or organs needing attention, care and careful handling for the remaining span of their lives.

(2.) The Chandigarh Housing Board, the common respondent No. 1 in both petitions, floated a scheme for the construction and allotment of high income group (H.I.G.) flats for retired/retiring employees of the States of Punjab and Haryana and for the Central Government and Union Territory of Chandigarh in Sector 43-B, Chandigarh. Applications were invited for registration of applicants for the allotment of those H.I.G. flats on partial self-financing basis. Both the petitioners and the private respondents submitted applications and after completing formalities and making payments became entitled to have flats.

(3.) Now the scheme undertaken by the Housing Board provided for construction of 96 dwelling units divided as 32 flats on the ground floor, 32 flats on the first floor and 32 flats on the second floor. Since the flats on the ground floor were likely to be more convenient and extending more amenities having provision for a car park, besides front and back courtyards, its price was slightly higher. The flats had to be allotted to the persons concerned under the Regulations promulgated by the Chandigarh Administration on December 29, 1979, in exercise of the powers conferred by S.74 of the Haryana Housing Board Act, 1971, as extended to the Union Territory of Chandigarh, and with the previous sanction of the Administrator. In Chapter III are the Regulations which provide the procedure for disposal of property which deserves pointed attention at this stage so far as they are relevant for our purpose.