ANAND SINGH BHANDARI Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) There is no dispute that the House No. 12/599 in Malviya Nagar, Jaipur was allotted to the petitioner on the basis of a draw on 19th April, 1990. It has been stated in para 4 of the reply filed by the respondent Rajasthan Housing Board that the House No. 12/599 could not be given to the petitioner despite the allotment because this house had already been given for the Post Office and even today in this house, the post office is run. The learned counsel for the respondent Housing Board has failed to disclose any reason as to why this House was included in the draw if it had already been given for the post office before opening of the draws. There are no dues against the petitioner and there is no legal impediment whatsoever against the petitioner's claim for this house and still he is without possession of the house which was lawfully allotted to him way back in the year 1990. This is for the Housing Board to get the houses in question vacated and hand it over to the petitioner. The petitioner has a just and honest claim with regard to the possession of the house as well as claim to the damages from the Housing Board since July, 1990 when the petitioner should have got the possession on the basis of the directions issued by the Resident Engineer of the Rajasthan Housing Board to the Project Engineer (Senior) to hand over the possession of the house in question to the petitioner within 7 days in terms of the letter dated 18th June, 1990 as stated in para 7 of the writ petition which has been admitted by the respondent in its reply. The petitioner has claimed the damages of Rs. 1,000.00per month from the date of allotment till the transfer of the actual possession. It is given out that it is a two rooms set house with kitchen, toilet facilities in Malviya Nagar, Jaipur. It has to be agreed on all hands that rent of such a house even with most conservative estimate can't be less than Rs. 800.00 per month. The petitioner is a retired Government servant and he had applied for the allotment of the house under the Government Employees Provident Fund Scheme and according to Mr. Mishra the petitioner is living in a rented house. Looking to the totality of facts of this case, it is held that the petitioner is entitled to the transfer of the possession of house No. 12/599 in Malviya Nagar, Jaipur immediately. The petitioner is also held entitled to get a sum of Rs. 800.00 per month against the loss suffered by him on account of failure on the part of the Housing Board to give the possession and the Rajasthan Housing Board shall pay to the petitioner a sum of Rs. 800.00 per month from July, 1990 till the end of June, 1994 i.e. three months from today. In case the respondent fails to hand over the possession of this house to the petitioner by the end of June, 1994, the Housing Board shall pay an amount at the rate of Rs. 1,500.00 per month to the petitioner from June, 1994 till the vacant possession of the house in question is handed over to the petitioner. The direction with regard to the payment of the amount of Rs. 1,500.00 after June, 1994 even if carried out shall not absolve the Housing Board from the liability of the contempt for not handing over the possession by the end of June, 1994. It will also be (pen for the parties to negotiate if the petitioner agrees for any other house in lieu of the present house. But it will be the sole discretion of the petitioner to agree or not to agree for another house in lieu of the house in question.

(3.) The writ petition is allowed as indicated above. No order as to costs. Writ Petition Allowed