JIVI BAI Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) P.K. Lohra, J. - Petitioner has filed this writ petition under Art. 226 and 227 of the Constitution of India to assail the impugned orders dated 15.03.2013 (Annex.10) and 06.05.2014 (Annex.17) respectively.

(2.) The facts, in brief, are that respondent-Board floated a new land scheme in Pindwara, District Sirohi regarding development of a colony under Pindwara Housing Scheme 2008 (for short, 'Scheme'). Pursuant to the Scheme, the petitioner applied for a house/flat and thereupon she was communicated by letter dated 12.04.2010 that a house/flat has been reserved in her name under the MIG-A category and the petitioner was asked to deposit the requisite amount mentioned therein. Later on possession letter was also issued in the name of petitioner on 13.12.2011 and she was asked to deposit cost of the house amounting to Rs.6,70,708.00 through demand draft/cheque along with the requisite documents. The petitioner was surprised when she went at the site that respondent-Board has not provided basic facilities like drinking water connection, sewerage line, electricity, road etc. for the colony, where the house/flat is located and there was a cause grievance about the quality of construction raised by the Board. It appears that besides petitioner, some other incumbents, who were allotted houses/flats under the Scheme, also ventilated their grievances in this behalf before the Board. For nonavailability of basic amenities necessary for dwelling, complaints were also laid under the Consumer Protection Act.

(3.) Be that as it may, in want of non-compliance of the demand notice allotment of the petitioner was cancelled by the Board vide order 15.03.2013. Subsequently, petitioner submitted her representation before the higher authority for revival of her allotment and the matter was reexamined by competent authority but the prayer for revival of allotment is declined by letter/communication dated 06.05.2014. Precisely, in the said letter also, Board has reiterated that the petitioner has not deposited the requisite amount and has not made compliance of the demand notice. It is in that background the petitioner has laid this petition.