SULTAN SINGH Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) THIS special appeal has been preferred against the judgment and order of the learned Single Judge delivered in SBCWP No. 1606/992 on 14. 11. 1994 by which the writ petition filed by the petitioner-appellant challenging the allotment of a flat on second floor and not on the ground floor which he had booked, was rejected and the order charging penal interest of Rs, 22,500/- was also upheld.

(2.) IN order to appreciate the controversy involved herein, it is essential to relate the substantial facts of the case which are to the effect that the petitioner-appellant filed an application in the Rajasthan Housing Board for allotment of a flat in the reserved category of scheduled caste for which 14% reservation was made in the year 1979. IN the year 1982 under the Self Financing Scheme, the petitioner-appellant had opted for allotment of a ground floor flat in Jawahat Nagar Scheme at Jaipur, but the petitioner-appellant's name was not included in the lottery which was held on 7. 3. 1983. The petitioner-appellant protested against the same and he was informed on 27. 09. 1986 that he would be entitled to the allotment of a flat on the first floor as there were no flats available on the ground floor. The petitioner-appellant herein, therefore, filed a writ petition which was heard by the learned Single Judge as already stated hereinabefore. The petitioner-appellant was registered under the General Registration Scheme of 1979-80 in the Higher INcome Group and he had also deposited the initial amount on 1. 8. 1990. The petitioner-appellant had opted for self Financing Scheme, but it appears that he was not allotted a flat on the ground floor as he had failed to deposit the installments against the demand which had been raised for such allotment from time to time. However, the respondent-Housing Board instead of cancelling the allotment of the appellant for ground floor house, although the appellant had failed to deposit the amount within time, was considerate in taking a decision as it was ordered that he may be allotted a flat on the second floor for which payment were to be made by him.

(3.) IT has been stated therein that the appellant had lost his entitled to get an allotment of a house/flat on any of the floors, since he had failed to deposit the amount which was outstanding against him hence had forfeited his right to get the allotment, yet the Housing Board taking into consideration that he belonged to a reserved category, made some concession in his favour and decided to grant an allotment on the second floor which he duly accepted at the rate prevalent on the date and this decision was acceptable to the appellant that he was duly liable to make the payment at the rate which was then prevalent. In so far as the penal interest of Rs. 22,500/- is concerned, the same was also payable because the initial payments, which had been made by the appellant at the relevant time prior to the year 1985, were also delayed payments and therefore, the appellant was legally bound to pay interest on the amount which had been deposited by him beyond the time which was fixed for depositing those amounts.