RAM PIYARI Vs. HARYANA HOUSING BOARD

JUDGEMENT

(1.) Some of the petitioners were allotted houses meant for Low Income Group and Economically Weaker Sections by the Haryana Housing Board (hereinafter described as 'the Board') between the years 1974 and 1980. Some other purchased houses from the original allottees. In August, 1996, they were served with identical notices under Section 51 of the Haryana Housing Board Act, 1971 (hereinafter referred to as 'the Act') for vacation of the premises on the ground of violation of the Hire-Purchase Tenancy Agreement entered into by them with the Board. The specific ground on which the petitioners were called upon to show cause was that they have been using residential premises for commercial purposes. They submitted almost identical replies controverting the allegation of misuse of premises. They also challenged the locus standi of the Board to take action under Section 51 of the Act by contending that after the payment of the entire price and execution of the sale deed, they cannot be restrained from using the premises according to their sweet will and choice. Thereafter, the Estate Manager of the Board passed identical orders directing the petitioners to vacate the premises allotted to them. The appeals filed by them against the orders passed by the Estate Manager have been dismissed by the Collector, Faridabad.

(2.) The petitioners have challenged the impugned orders on the ground of violation of the provisions of the Act and the principles of natural justice. They have also raised the plea of discrimination by stating that while in their cases the appellate authority has upheld the order of eviction, in the cases of similarly situated persons, the Commissioner, Gurgaon Division, Gurgaon accepted the appeals of the allottee mainly on the ground that the Board does not have the authority to order the eviction of the allottees.

(3.) In the written statements filed on 4.8.1999, the respondents have justified the action taken under Section 51 of the Act by asserting that the petitioners are bound by the terms and conditions of agreement which they had executed in favour of the Board. They have averred that the action taken by the Board is consistent with the directions given by the Supreme Court in Writ Petition (Civil) No. 287 of 1995 - All Sector (HUDA) Market Welfare Association V. State of Haryana and others, decided on 19.11.1996. They have also relied on the interim directions given by the High Court on 8.12.1997 in C.W.P. No. 96 of 1997.