CHAIRMAN, TAMIL NADU HOUSING BOARD Vs. PITCHAIMUTHAMMAL

JUDGEMENT

(1.) This First Appeal No. 496/92 is against the impugned Order in O.P. N. 119/92 dated 14.9.92 by the State Commission, Tamil Nadu. The appellants are the Chairman, Tamil Nadu Housing Board, through their Executive Engineers & Administrative Officer, K.K. Nagar Division, Madras and the respondent is Smt. Pitchaimuthammal.

(2.) The facts of the case in brief are that the Government of Tamil Nadu allotted a plot bearing No. 12/2 at K.K. Nagar to the respondent herein asking her to send the prescribed application with the necessary certificates. She did so and deposited one-third of the cost at Rs.55,862/-. Thereafter an order of allotment was passed dated 25.10.88 and the plot was handed over to the complainant on 20.1.89. The respondent sought a no objection certificate from the appellant for putting up the construction. She continued paying instalments till October, 1989. However, in December, 1989, she received letter of cancellation of the allotment by the Housing Board in pursuance of the order of the State Government. This order was challenged in the Writ Petition No.17866/90 before the High Court of Madraswhich allowed the Petition on 10.10.91. Thereafter, the complainant reminded the opposite party for the issue of a no objection certificate. The appellant continued to be indifferent to her, even though the plot stood allotted to her in accordance with the order of the High Court."

(3.) It was urged before the State Commission that the allotment was cancelled for a public purpose and therefore it was justified because 'public purpose' supersedes the 'private interest'. After going through the records of the case and examining the various certificates which were required to be filed by the respondent, and also taking note of the order of the High Court, the State Commission came to the conclusion that the Tamil Nadu Housing Board acted in total defiance of the order of the High Court which had negated the cancellation of the allotment in favour of the respondent. In fact the appellant returned a sum of Rs. 1,20,000/- paid by the respondent inspite of and subsequent to the order of the High Court. They, therefore, directed that (i) appellants herein shall issue a no objection certificate to the respondent for putting up construction on plot No. 12/2 at K.K.Nagar within two weeks of the payment of entire costs of the plot by the complainant, (ii) pay a sum of Rs. 25,000/- as compensation to the complainant, and (iii) shall also pay Rs. 2,000/- by way of costs.