Disposed

Puna Ram Gogoi v. the Assam State Housing Board and 3 Ors.

Gauhati HC11 Feb 2019WP(C)/675/2019

Case brief

AI extract

What is this about?

Petitioner, in unauthorized occupation of a flat allotted to a third party, challenged an eviction order. The Court granted 60 days to vacate, allowed a fresh allotment application, and directed the State to approve Housing Board guidelines expeditiously.

What did the court decide?

60 days to vacate premises; liberty to file fresh application for allotment; direction to State to expedite approval of allotment guidelines.

Puna Ram Gogoi Vs the Assam State Housing Board and 3 Ors. — Property and Title | Gauhati HC (2019)

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Page No.# 1/4

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GAHC010013442019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 675/2019

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1:PUNA RAM GOGOI

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SON OF BHOLA NATH GOGOI, PRAGJYOTISH HOUSING COMPLEX SOCIETY, LIG BUILDING NO. H, FLAT NO. 10, GHORAMARA, GUWAHTI, KAMRUP (METRO), ASSAM, PIN- 781028.

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VERSUS

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1:THE ASSAM STATE HOUSING BOARD AND 3 ORS.

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REP. BY THE COMMISSIONER, ASHB, R.G. BARUAH ROAD, GUWAHATI781005.

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2:THE COMMISSIONER ASSAM STATE HOUSING BOARD R.G. BARUAH ROAD GUWAHATI DISTRICT- KAMRUP(METRO) ASSAM.

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3:DILIP KUMAR NEOG ESTATE OFFICER ASSAM STATE HOUSING BOARD R.G. BARUAH ROAD GUWAHATI-5 DIST.- KAMRUP(M) ASSAM.

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4:THE STATE OF ASSAM

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM URBAN HOUSING DEVELOPMENT DEPTT. DISPUR GUWAHATI-781005

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Advocate for the Petitioner : MR. R SARMA

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Advocate for the Respondent : SC, A S H B

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BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 11-02-2019

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Heard Mr R Sarma, learned counsel for the petitioner and Mr I Choudhury, learned counsel for Assam State Housing Board (Housing Board).

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By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 24.12.2018, passed by the Commissioner, Housing Board asking him to vacate Flat No. 10 of LIG Building No. H, Ghoramara, Guwahati and further seeks a direction to the respondents not to disturb his possession of the said flat.

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On 04.02.2019, the following order was passed:-

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“Petitioner has assailed the legality and correctness of order dated 24.12.2018 passed by the Commissioner, Housing Board calling upon him to vacate the flat in question within 30 days.

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The related flat was allotted by the Housing Board in the name of one Sri Dipak Kr. Saikia. It is stated that Dipak Kr. Saikia had allowed the petitioner to occupy the said flat. Since petitioner was in unauthorized occupation of the flat, eviction notice was issued to him by the Housing Board on 16.01.2018.This was challenged by him in WP(C) No.2479/2018 which was disposed of vide order dated 11.06.2018 by giving liberty to the petitioner to submit reply to the notice of eviction and directing the Housing Board to consider such reply and till such consideration and decision taken thereon, not to evict the petitioner.

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Thereafter, impugned order was passed.

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Show cause reply of the petitioner is not on record. Therefore, it is not known as to what was the stand of the petitioner before the Housing Board.

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On a query by the Court, Mr. Sarma fairly submits that there is no allotment in the name of the petitioner but petitioner had applied for allotment.

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Prima facie, petitioner is in unauthorized occupation of the flat in question. In identical cases, this Court had declined to entertain the writ petition but granted time to the petitioners (unauthorized occupants) to vacate the premises.

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Learned counsel for the petitioner may obtain instruction from his client whether he would be in a position to vacate the premises within 60 days.

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List again on 11.02.2019.”

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Today, when the matter is called upon, Mr Sarma submits that Housing Board may be directed to consider the application of the petitioner dated 17.05.2014 for allotment of flat. This application was received by Housing Board authorities on 29.08.2015. Till such decision is taken, petitioner should not be evicted.

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In the previous round of litigation, this Court had directed that Housing Board should consider allotment of flats in accordance with law in respect of all applicants. No allotment should be made without Housing Board framing appropriate norms or guidelines for allotment of flats. In so far petitioner’s case was concerned it was directed that till decision was taken on the show cause reply furnished by the petitioner, he should not be evicted from the flat.

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Though the impugned order dated 24.12.2018 could have been better worded, however, it is evident that reply of the petitioner was considered so also his request for allotment of the flat, but the same has been rejected.

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Admittedly, petitioner is in unauthorized occupation of the flat allotted to somebody else, i.e., Sri Dipak Kumar Saikia. He had filed application for allotment of the flat while enjoying his unauthorized occupation. Acceptance of such a prayer would amount to condoning the illegal act of unauthorized occupation. Therefore, there is no infirmity in the impugned order.

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On a query by the Court, Mr Choudhury, learned counsel for the Housing Board submits that Housing Board has framed guidelines for allotment of flats, whereafter the same has been forwarded to the Government in the Urban Development Department, for approval. Approval is awaited.

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Since State of Assam in the Urban Development Department is a party to the proceeding, i.e., respondent No. 4, it is directed to take appropriate decision on the guidelines submitted by the Housing

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Board for allotment of flats expeditiously. In the meanwhile, Housing Board may also computerize the list of applicants seeking allotment of flats and, thereafter, consider the applications serially as per the guidelines framed which is now awaiting approval of the Government. Till then no allotments should be made.

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Considering the orders passed by this Court in identical matters, petitioner is granted 60 (sixty) days time from today to vacate the premises, failing which, Housing Board would be entitled to take over possession of the flat without reference to eviction notice or order. However, petitioner is granted liberty to make a fresh application for allotment of flat in his name and if such application is filed, the same may be considered by the Housing Board as per the guidelines framed as may be approved by the Government by strictly maintaining the seriality.

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Writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Puna Ram Gogoi v. the Assam State Housing Board and 3 Ors.

Case brief

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Puna Ram Gogoi v. the Assam State Housing Board and 3 Ors.

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