CHANDIGARH HOUSING BOARD Vs. LILY BAWA

JUDGEMENT

(1.) This first appeal is directed against the impugned order dated 8.3.1999 of the State Commission. The State Commission set aside the letter of cancellation of allotment in favour of respondent/complainant and directed the appellant to give possession of dwelling unit No. 5122, Category I, Modern Complex, Manimajra to complainant/respondent within a period of three months and also to pay interest @ 18% p.a. on the amount deposited by the complainant from the date of institution of complaint till possession of the flat is delivered with cost of Rs. 3,000.

(2.) Briefly stated, the relevant facts in this appeal are as under: Lt. Col. I.B.S. Bawa was Commanding Officer of 4/5 Gorkha Rifle (FF) of the Indian Army and lost his life during operation in Jaffna in Sri Lanka on 13.10.1987. He was awarded Mahavir Chakra posthumously. His widow, Mrs. Lily Bawa applied for residential accommodation to the Governor of Punjab/Administrator, UT, Chandigarh. On her second representation on 29.4.1989 the Governor of Punjab acting as Administrator, Union Territory, Chandigarh issued a letter dated 7.12.1989 indicating intention to allot a flat on the certain conditions. The relevant conditions would be referred to hereinafter. The complainant fulfilled the required conditions and also deposited a sum of Rs. 20,000 by means of bank draft on 18.12.1989. Thereafter certain amounts were demanded in terms of letter dated 21.3.1991. In the meanwhile, Mrs. Lily Bawa had acquired along with her children a house No. 775, Sector 12, Panchkula on 30.4.1990. But she filed an affidavit to the effect that she continued to be eligible even thereafter. However, on finding that house No. 775, Sector 12, Panchkula was allotted to her, vide letter dated 9.7.1996 the registration of the Dwelling Unit No. 5122, Category I, Manimajra was cancelled. Later on, on 24.5.1995 letter was sent by Lily Bawa indicating that House No. 775, Sector 12, Panchkula was in the joint names of her son, Mr. Tejinder Singh, Mrs. Lily Bawa and her daughter Miss Manmeet Kaur, and both of her children were major. But the allotment was cancelled by letter dated 9.7.2006.

(3.) We have heard the learned Counsel for the parties and gone through the record. A short question which arises for our consideration relates to interpretation of Regulation 6 which is as under: