BHAGAT SINGH NEGI Vs. H P HOUSING BOARD

JUDGEMENT

(1.) The petitioners seek the issuance of an appropriate writ, order or direction to the respondents prohibiting and restraining respondent No. 1, H. P. Housing Board (shortly hereinafter referred to as "the Board"), from converting the use of the area, shown in Annexure-PA of the Board at Sanjauli for construction of residential or commercial buildings, which was kept reserved for community facilities like play ground and park etc. in the original lay-out plan. They have also sought a direction to respondent No. 1 to provide facilities as promised by it at the time of advertisement for the sale of plots and constructed flats in Sanjauli under its Housing Scheme.

(2.) The Board acquired land in Sanjauli from the Government in the year 1977-78 against payment with a view to undertake works for the framing and execution of Housing Scheme. Under the Scheme the Board carved out certain plots and separate land for sale of plots and constructed flats. The constructed flats pertained to three categories of persons, namely; (i) EWS (Economically Weaker Sections); (ii) LIG (Low Income Group); and (iii) MIG (Middle Income Group). The Board advertised the sale of the plots and constructed flats which allotment was governed by the H. P. Housing Board (Allotment, Management and Sales of Houses/Flats) Regulations, 1973, (shortly referred to as "the 1973 Regulations"), framed under the provisions of the Housing Board Act, 1972 (shortly referred to as "the Act").

(3.) Under the Scheme, petitioners Nos. 2 to 4 were allotted flats directly by the Board. However, petitioner No. 1 had purchased flat from Smt. Mandhir Sony on 3-8-1988 after obtaining permission for transfer from the Board. Many other persons besides petitioners applied for and consequently allotted the plots and flats etc. in this colony known as 'Sanjauli Housing Board Colony'.