LAWS(NCD)-2007-9-21

RAM SAROOP Vs. CHANDIGARH HOUSING BOARD

Decided On September 25, 2007
RAM SAROOP Appellant
V/S
CHANDIGARH HOUSING BOARD Respondents

JUDGEMENT

(1.) -THE appellant was the complainant before the State Commission, where he had filed a complaint, alleging deficiency in service on the part of the respondents.

(2.) VERY briefly the facts of the case are that the appellant/complainant undoubtedly was allotted a plot by the first respondent Chandigarh Housing Board on 8. 1. 1987 under the "licensing Tenements and Service Scheme, 1979" read with Chandigarh Housing Board (Sites and Service Complex Allotment) Regulations, 1979. It was the case of the appellant/complainant before the State Commission in his complaint, that he had taken the possession of the site No. 1215 allotted to him and had carried out constructions on that, had been paying his instalments as also he had obtained the water connection in 1990, yet he was dispossessed by one Dattu Kishan Gore, the third respondent in early 1990. He was told that his allotment has been cancelled. It is in these circumstances, he approached the Civil Court for injunction. He also approached the Sub-Divisional Magistrate, Chandigarh U. T. for permission/direction to remove his articles from his house at site No. 1215, and also filed a writ petition in the High Court of Punjab, Haryana and Chandigarh. Since earlier petition filed before the High Court was dismissed in default, a review petition was filed before the High Court who according to him vide order dated 20. 7. 1992 was dismissed with permission to pursue any other alternative remedy or to file a fresh suite. In pursuance of this he filed a complaint before the State Commission on 29. 11. 1992.

(3.) THE State Commission after hearing the parties and perusal of material on record dismissed the complaint. Aggrieved by this order this appeal has been filed before us.