Chandigarh Housing Board (Allotment, Management & Sale of Tenements ) Regulations, 1979

The Chandigarh Housing Board (Al1ohn(!;:; Managmuent allq. Sale of~(cnCnl{:nb:;) Regulations, 1979 r r i i I I i CHAPTERI Generlll 1. Short title,llpplicatiol1 ami commencement. - (1) These r<:,'~:L" ':;.­ may bc called the "Chandigarh Housing Board (Allotment, Managcnwil; 'H;,!~"k ofTenements) Regulations, 1979," (2) These regulations shall apply to those schemes in wI! iell bu iit Ii:); . tics arc to be disposcd of by way of sale or hire-purchase or least.: ur ;., ;,d :\. manner as prescribcd by the Board. (3) These Regulations shall come into force immedialcly. 2. Definitions. - In thcse regulations, unless thcre is a anything i·".,,\;:,':· tent with the context or meaning- (I) "Act" means the Haryana Housing Board Act, 1971, as r:.\,(·'id ·Ii !'.' the Union Territory ofChundigarh ; (2) "Allotment Lettcr" means a leller in such form as may bl' p",~, ; ,i"c, by the Board from time to time making ~"Iotment OJ".I i;;;ti;,,,:'.. property to an appl icant ; (3) "Allottec" means a person to whom n property has been 'lji,·,,; ,; (' way of sale or hire-purchase or lease or in such manner Wi 1'1"""'" ·t" by the Board; I [This cxpression for the purposes of regulations 15, 27, 30 :!!1< ,..;:, IV shall include authorised occupants of the dwe!i inguni;.] (4) "Applicant" means a persoll who has sent an application pUliin; k,' her signature or affixing hjs/herthumb~impressionthereon; (5) "Application" means an application made in such fOl'1I1 i':, 1:;;:," hi:. prescribed by the Board from time to timc ; (6)"Application Rcgister" means a rcgistcr in whidl arpllcaliQn~!"n. i,'d in response to a public notice are entercd ; (7) "Board" means the Chandigarh I'lousing Board const iluted l!Ili.kr Sf;','.1 !OJl 3 ofthc Act; (8) "Common portions" means thosc porlions orthc plot or prell1i~e; \\'hid, are in common use and includes thc land, galeway, enclosure, (\'111;\';,;.<: walls, passages, corridors, stair-cases, fitling, fixture, lilt, :i il:';;, ill'stallntionwhether for water supply ai- drainage or lighlii\~" Il" ;111>' the Haryana I-lousing Board Act, 1971, asextended to thc Unioll '!\'(;i"i;' Chandigarh, mid all other powers cnabling it in this beh.alf, the Challdig,a! hi;:"", ing Board withthc prcvious sanction orthe Adm inistratoL hereby makes 1~1" ki lowing regulations, namely :- 528 Chandigarh Housing Board (Allotment, Management and other purpose and all such facilities which are lIsed or intended to be lIsed in common; (9) "Common services" in relation to common portions means the services which are rendered for maintenance, running, keeping in good condition and controlling those common portions, use whereof shall be regulated by the Registered Age lCy concerned; (10) "Consideration" in relation to a dwelling unit/flat or other built-up property or any other propClty shall include the price fixed by the Board for allotment of such property by way of sale, hire- purchase or lease or in any other manner premium, hire-purchase, lease money and ground rent; (11) "Conveyance/Lease Deed" means an agreement in the prescribed form between the Board and the allottee 01' hirer or the registered agency, as the case may be, by which the title in the property is transferred to the aliottee or hirer or the Registered Agency on the terms and conditions spccitied in the agreement entered into between the parties; (12) "Deposit" means the initial amount payable by an applicant along with his application for securing a property which shall be non- interest bearing unless otherwise declared by the Board to be interest bearing; (13) "Documental Charges" in relation to a document or documents made in pursuance of these regulations means all charges such as stamp . charges, writing charges, registration charges, printing charges and plan charges; (14) "Dwelling Unit" means a building or a part thereofwhich is used or is intended to be used by a family fOf habitation; (15) "Eligible Person" means a person who is entitled to the purchase ofa property in accordance with the provisions of scheme and these regulations; (16) "Flat" means a portion of building with its undivided interest in the common potiol1s·and common service which can be delineated with definite outline on plan and which can be definitely marked on site, and which is a heritable and transferable dwelling unit; (17) "Ground Rent" in relation to a plot ofland means the annual payment at the prescribed rate to be made by the lessee of the plot to the Board as lessor or the Government; (18) "Hire-Purchase Period" means such period as may be specified for continuance of a tenancy and on the expiry of which hirer becomes owner and attains lease-hold rights for 99 years after payment of a conveyance/lease deed; (19) "Hirer" means a person who has signed the Hire-Purchase Tenancy Agreement; I [This expression for the purpose ofregulations 15,27,30 and chapter IV shall include authorised occupants of the dwelling units.] (20) "Hire-Purchase" or "Hire-Purchase System" means a system in which a hirer after having paid 25% ofthe price or such percentage of the price of the property as may be prescribed by the Board in the scheme, executes a hire-purchase tenancy agreement; I. Addcd by Chd. Admn. Oaz. (Extra) Notification dated II/12th August, 2000 at page 741 Chandigarh Housing Board (Allotment, Management and 529 (21) "Hire-Purchase Tenancy Agreement" means an agreement between the Board and the hirer in the form prescribed iii these regulations for disposal of property under the hirer in the Hire-purchase System; (22) "Penalty" means an additional arnoun~ as laid down in the releva~t agreement payable by the allott~c or Imer as a consequenc.e of hIS default in the payment of prescnbed dues or for non-compliance of terms and conditions ofallotment; (23) "Property" means the land, the building, all appurtenances ~nd structures thereon all owned in free-hold on lease or a; occupIed under competent ~rders by the Boar~ and all a.rticles of personal property ofthe Board intend~d for use 10 connection ther~~lth ; (24) "Property Circumstances" mcludes the nature and condItIon o~ the building and premises, the type an? the nature of constructl~n, specification adopted therefor, matenal llsed and the workmans!lIp, stability or durability of the structures, the type of ,:c~ommodatlOn, pattern of installation, fittings, fixtures and other ar;te~lhes an~ al~ such other things that constitute the property as they eXIst 111 the bUlldll1g or premises concerned; . . (25) "Registered Agency" means a body regIstered under these regulatIons for carrying out the provisions of these regulations and agreement made thereunder relating to common portion and common services; (26) "Scheme" means a scheme prepared by the Board for the construction ofa group of houses for dwelling purposes; (27) "Service Charges" means the amount ~hich the allottee or hirer ~as to pay as a monthly charge for the mamtenance of common portIOn and common services; (28) "Tenancy Stipulations in relation to a hirer" means the stipulations for the tenancy prescribed under these regulations. 3. Execution of agreements. - All agreements mad~ under these regu­ lations shall be executed on behal f of the Board by the Chairman or such other officer as may be authorised by him in this behalf. CHAPTER II Terms and Conditions for Disposal of Property 4. Disposal ofProperty. - (I) The disposal of a property shall be effected by either hire-purchase or sale on lease-hold basis for 99 years or in such manner as prescribed by the Board.. .. (2) The disposal ofpropcrty shall be subject to such terms and condItIons as may be decided by the Board from time to time or as may be imposed on the Board by the Chandigarh Administration, from time to time. 5. Fixation ofPrice. - Notwithstanding anything to the contrary, the Board shall determine and ifconsidered essential, may revise consideration from time to time and wherever the eonsideration is revised, it shall also determine the manner in which the revised consideration is payable and such determination, both original orrevised, shall be final; and the allottee or hirer shall be precluded from making complaint or raising objection or setting up any claim in this behalf at any stage. COMMENTARY Allotment. The petitioner was allotted a flat way back in 1987 when she was registered at Sr. No. 536 in the category of HIG (L) 1 houses but she was 530 Chi:ll1digarh Housing Board (Allotment, Management and refused possession thereof On one pretext or another - The Board is debarred by its own conduct from raising baseless objection at such a belated stage when prices have gone sky roeketi~g - She cannot possibly apply f?r a plotofthc samc area for the prices prevalent In thc year 1987 - Rcspondent dIrected to hand over the possession of the tlat to the petitioner - Inderbir Kaur v. The Chairman -The petitioner applied for the allotmcnt ofa Flat under a Scheme "fer one and all'" - 'lhe deposited a sum of Rs. 4,000/- and latel: on Rs. 50,?00(- for allot­ ment of House in Sector 45-1\ - She wrongly stated III her applIcatIOn that no membcr of her family was owning any residential house or plot in Chandigarh/ Panchkula or Mohali while her husband had already been allotted a house - Shc realizing her mistake, wrote to the Board to cancel her husband's house to en~ble her to havc the second house in Sector 45-A allotted to her but no reply was gIven by the Board - After having been directed by the Hon' ble High Court to hear her in this respect, the Board eaneellcd her allotment ofSector 45-A and o~dered Rs. 54 000/- to be forfeited - Held, thc order of the Board cannot be sustaIlled - She w~s not given any opportunity to explain her position by the authorities - However forfeiturc of Rs. 4,000/- would meet the ends of justice - The respondent is di­ rected to refund Rs. 50,000/- to the petitioner with interest at the rate of 12% per Enhanccmcnt of pricc - Where the allotment of plot was accepted per the terms given in thc letter ofallotment including tentative price ~ubJect to increase in ease ofenhancement in cost of land. The contract would be blOdlIlg upon both the parties. A finding that action of Authorities in enl~ancing th~ price i~ arbit:ary a~d unreasonable, cannot be interfered with by the High Court In exercise of ItsJuns­ diction under Art. 226 ofthe Constitution. The plea that plots sold on (no profit no loss basis' should be taken care of by the Authorities, not tenable in view of Charanjit Bajaj's case decided on 10the April, 1991 - Air Marshal Shiv Del' -Recovery of cnhanced price was ordered to be recovered from some. of the allottees of flats - Other similarly situated were not touched though fallIng undcr thc same Schcme - Increase to be split upon all the alloltees - The plea of Housing Board that some of the flats were not frec from encroachment, was not acceptablc - Sukhpal Singh Kang v. Chandigarh Housing Board, 1995 HRR -Where in the lettcr of allotment it was made clear that the price of the plot is tentativc one and any enhancemcnt in the cost of land under the Land Acquisi­ tion Act shall also be payable propoltionately by the plot holdcrs. The pctitioners accepted the terms and conditions of allotment, it was held that the Haryana Dcvelopmcnt Authority was within its competence to cnhance the price. The plea that the burdcn of enhanced priec of the commercial site which was to bc borne by the HUDA and it has wrongly been passcd on to thc allottecs, not acecpted. It was further observed that those who contract with open eyes must accept the burdens of the contract along with its benefits as held in Har Shanker s case (1975) 3 SCR 254. Relying upon the judgments delivcred in c;hander Mani s case 1990 pLJ 501 and Charanjit Bajaj:5 case 1986 pLJ 60 I It was hcld that allottee is not only liable to pay the additional cnhanced price of land but.alsot.he costs of acquisition which includes solatium, interest and legal ~xpcndlture .I~­ cUlTed by thc Estatc Officer in defending acquisition and award 01 Land ACqUISI­ tion Collector at all stat'.(;'> mentioned in the Land Acquisition Act - Ravinder Chandigarh Housing Board (Allotment, Management and 531 I [6. Eligibility ofA/lolment. - (1) A Dwclling Unit or a flat in the Ilolising Estatcs of the Board shall be allotted only to such person who or his wife/her husband or any of his/her minor children does not own on frce-hold or on hire­ purchase basis or on the basis 0 I' an Agrccment to Sell, GPA, Wi II etc. a residell­ tial plot or house, in full or in part, in the Union Territory ofChandigarh or in any or the Urban Estatcs or Mohali or Panchkul,l. If. however, individual share of a person ill thc jointly owned plot or land unuer the residential houscs is less than 100 Sq. Yds., he/she shall be eligiblc for allotmcnt of a D.U. by the Board. How­ ever, a person \vho has already been owning on frcchold, leasehold or hire-pur­ chase basis a residential plot or house or flat in thc u:r. ofChandigarh or in any of the Urban Estates ofMohali or Panchkula, shall not be cligible for thc allotmcnt of a D.U. by the Board. Further, persons who have becn allotted a rcsidential plot/ dwclling unit in the Union Territory ofChandigarh or in any of the Urban Estates A.W.H.O. or a Co-operative I-louse Building Society, in their name or in the name of their spouse or any minor children, shall also not be eligible for allotment of a dwelling unit or flat. The applicant shall further continue to fulfil these cligibility conditions from the date of opening of the scheme up to the date ofdclivcry of possession of the dwelling unit by the Chandigarh Housing Board. In addition to thc above provisions, the applicant should be a bona fide resi­ dent ofU.T., Chandigarh on the date of opening of scheme: Provided that the condition ofel igibi lity regarding the applicant being a bona fide resident ofU.T., Chandigarh on thc date of opening of the scheme shall not apply to the following categories ofpcrsons :- (i) Serving Dcfence Personnel and the Pensioners/Family Pensioners of the Defence rorces; and (ii) Employees of the Government ofIndia, Punjab Government, Haryana Govel1lment and the U.T. Admi nistration and their Boards/Corporations and Undertakings. (iii) Retired employees of the Govcrnment oflndia, Punjab Govcrnment, Haryana Government and the Chandigarh Administration and thcir (2) The applicant shall furnish an affidavit in thc prescribed form with regard to his eligibility along with the application. In the event ofthe affidavit bcing found false at any stage, the Board shall be entitled to cancel the registration or the allotment of dwelling unit or flat as the case may be, and to forfcit thc deposit receivcd with the application and all the payments made to thc Board therafter. (3) The Board shall have the right to impose any additional condition of eligibility as may be determined and notified from time to timc. COMMENTARY Allotmcnt - Retrospcctive effect - Eligibility of a pcrson for dceiding his application for allotment of plot is scen at the time ofdeciding his application. Any subsequent amcndment to the Regulation bccomes inapplicable to thcease of pctitioner as the Board has no power to form Rcgulation with retrospeetivc effect -Allotlllcnt - Forfciture - The provisions of Regulation 6 (2) undoubtedly authorise thc Board to forfeit the deposit or cancel the allotmcnt in case the con­ tents of the affidavit filed by the applicant are found to be false - Howcver it is an I. Substituted by Chd. Admit Guz. (Extra) Notification No. [1I3(S)/EAI/2K8/4429 dated 17-3­ 2008 at page 456 532 Chandigarh Housing Board (Allotment, Management and enabling provision - Such an order cannot be passed mechanically - Where the petitioner was not given proper opportunity to explain her position about the al­ leged false statement, the order of cancellation and forfeiture was held to be -Fixation of Price - Where the respondent continued to challenge the price fixed and other matter and for that purr,Q)e he filed various representations before the Board, he did not deposit the amount due from him as a beneficiary of the allotment made by the Board. Ultimately the Board issued notice to the respon­ dent and on non-compliance ofthe terms of the notice, the allotment made to the respondent, was cancelled. Held, the Board should consider the case of the re­ spondent sympathetically for allotment of the dwelling unit to him on the terms mentioned in para 25 of the reply filed by the Board. In case the dwelling unit reserved for him has been allotted to some body else, then his case for any other alternative allotment of such unit should be considered. In this case the judgment given in Baldev Singh's case 1991 PU 443 was followed - Chandigarh Hous­ Allotment in violation of Regulation - Petitioner applied for allotment of house in response of an advertisement and deposited a sum of Rs. 20,000/- with respondent - His wife was already owning a plot in Delhi against which query was sti \I pending when petitioner was allowed to participate in draw of plots of allot­ ment and was successful - Respondent asked to deposit a sum of Rs. 3.40 lacs which was not deposited within stipulated period - Request for payment in instal­ ment was declined - Respondent kept the amount of Rs. 20,000/- without any reason by keeping the inquiry about inel igibility pending for a long time - Respon­ dent cannot forfeit this amount as it had directed petitioner to pay price of Rs. 3.40 lacs in lump sum - Petitioner is not entitled to allotment as being ineligible for the same under relevant law - Respondent directed to refund Rs. 20,000/- with 5% Allotment of flat - Forfeiture - The petitioner allegedly made a wrong state­ ment as a result of which allotment of her flat was cancelled - It was held by the Hon'ble High Court that the Board ought to have given the petitioner an opportu­ nity to explain her position before cancellation offlat or forfeiture of the amount­ Allotmcnt of houscs - It was due to certain reasons that housing depart­ ment had extended the time for delivery of possession - Allotment was cancelled by Board for not taking the possession by allotteelpetitioner - Some what tenuous stands was taken by the Housing Board - Order of cancellation of allotment set aside - Petition allowed - Krishan Lal Pasricha v. Housing Board Ilaryana, 2002 HRR539 Allotment of plot and belated paymcnt - The petitioner was allotted the flat on 12th March, 1987, In terms of agreement she was required to accept or refuse the allotment within 30 days of the issue of the letter. The payment was made belatedly on 29th April 1989 which was accepted by the Board. The Board contended that the allotment had deemingly being cancelled under clause 3. It was held that the Board could demand interest for the belated payment and it was not a deemed cancellation of the flat as the time is extendable under clause 4 of . the Regulations - Gurpreet Kaur v. Union of India, 1989 PLl 767. Cancellation of allotment of flat - Appellant applied for allotment ofHIG flat by making a false statement that he or any members of his family had acquired no house through Government, or municipal corporation in violence oftenns ofallotment - It was revealed that he had constructed a house in Noida under a scheme of Air Chandigarh Housing Board (Allotment, Managcment and 533 Force Naval Hou~ing Board - Allotment was cancelled due to suppression of fact _ Order of~aneellatlonwas sustained by High COUlt - However, Housing Board refunded a sum (~f Rs. 8064~ 11- (:lUt of Rs. 10,000,001- deposited by appellant though Board was entitled to f?rfelt entlre amount - But a major portion has been rcfunJcd - Impugned order up.held WIth the obser~ation that show cause notice and order passed by High Court 'VIII not affect the carner ofappellant - Harsh Vardhan Bum'all'. ChQ/1digarh Eligibility - Appellant applied for allotment under the Regulation 1979 $tatino !hat her husband had no resi~ential house within boun.daries ofChandigarh or a,:join~ mg areas - But a commerCial flat was allotted to hun on which residential house could b~ const!ucted under rules - Condition of prohibition laid down in Regulation 16 (I) IS applIcable - Allotment being in contravention of Regulation set aside _ .~hglbIlI~y tor all?tmcnt - Donlletle of U.T. - Respondent claimed to be a dO',Tllelle ofU. r. C~a!l~I~arh for satisfying eligibility criteria - The Board was not satisfied WIth the chglbllJty ofrespondent for allotment offlat -He cannot fall back on the second ~Iigibil.it?" criteria a.fter failing to satisfy the first eligibility eriteria­ Respondent bemg a cItIzen ofIndla cannot claim allotmcnt as adomicile of Union 1crr~t~ry of~handigarh - Howcver, respondent on having succeeded to obtain a d.omlel.le eeltlfieate from competent authority can approach the Board for recon­ SideratIOn of the matter - Chandigarh Housillg Board v. Gurmit Singh, 2002 --Appell.rint Board served a notice on respondent to the effect that allot­ ~ent of a housmg plot. made to hiJ~ was in eon~ravcntion of pl'Ovisions of Regula­ t1~1I1 (~) ofthe RegulatIon, 1979 -1 he reason gIven was that respondent alongwith hIS ~Ife was ~em.ber of Cooperative Housing S~eiety namely Army W~ltare Ho~slllg Orga.nlsatlon and they were allotted a houslllg plot as member orthc said ". socIety - Puttlllg a correct eonstl:,!e~ion to the pr?visi.OI.l~ of I\eguiation 6 High COUlt found the.allotm.e!'!t not sun~~I~g from any IllegIbIlity -1 he order docs not s~:fer from any t1.le[5a1Jtle~ - Aequ~sl~lOn ofany .property through any agency (so­ ciety) IS not p,roh!blted -1 h~ restfldlon c1~use In the condition of eligibility will have no appl.l~atlon ~ ~-Io~s~n~ Board haVIng a regulation making power could make an exphelt prOVISion If It Illtel1ded to put any such restriction- Harsh Vanlhall Bansals c,ase! does not eo~stitute any binding precedent - Allotmcnt upheld _ Appeal dismIssed - Chandlgarh How'ing Board v. Major Gen. Devinder Singh . Eligibi~ity - Allotm~nt undc::r the Scheme should be strictly in accordance WIth Regulatl<?n No.6 \vhleh prOVIdes that applicant should be bona fide resident of U! Chandlgarh for at least three years immediately preceding the date of openmgofthe scheme in addition to the eligibility laid down under clause 4 ofthe ~ustees Scheme 1996 - Petitioner in the present case has failed to prove that he IS a bo.na fide resident of UT Chandigarh for at least three years - Board did not e.?mml~ any fuult in rejecting his claim - Petition dismissed - Mrs. Rup Judge v. Chandlgarh Housing Board, 2007(2) H.R.R. 663 Elegibility for allotmcnt - Housing Board Chandigarh prepared a Scheme ~f Allotment of House on th~ b~sis of different eatcgories of employees i.e. Employees ofB. an.d C eategones 111 the year 2008 -- Due to revise in pay scale by 6th Pay COmnll~SIOn some employees of C eat<;.gor~ became cmployee of B category and elUlmed the allotn:en~ ofhous~ on th,e baSIS of new categories - This controversy ofB and C categories IS the mam subject matter of their writ pdition - By taking into consideration relevant law as cited in various judglllen ts allotment 534 Chandigarh Housing Board (Allotment, Management and should be made as per categories of employecs available at the date which applicati~n for allotment of flats were fi le9 -If category is changed from C to B aftel: c1osll1g of sehemc on account of rcvlsed pay scale such employces cannot be glv.en the b~nefit .of the schcm~ ~- Subsequent eligibi lity condition cannot be taken I nt~ cO~lslderatton - Conversion of.Group C to Group l3 was provisional only - Board IS directed t? prepare a fresh list of allotmcnt pertaining to 13 category employees - SukhraJ Singh v. Chandigarh Housing Board, 20 12( I) Haryana -~Petitioner's ~aughter who was depcndcnt on him was allotted a flat under Chandlgarh ~~gulat.lOns of0~lotment- In view ofallotmcnt to his daughter who is a membcr oLliS famlly- Pctlttoner cannot be made allotment under the Regulations - In the. absence ofany report about acquisition of right as a landowner before the Patwa.n, the d,:ughtcr call1~ot c1a!m that she is owner of land in her own capacity Ilaryana Law Reporter 38 D.B. . .Enhancement of price - The enhanced price had been claimcd from the petitioner by th~ respondents without stating the circumstances which led them to enhanc~ the pnc~. Order of ~nhancementof price quashed and change of allot­ (~ent of house without heanng the allottee was hldd wholly unjustjl~ed - Smt. stated that .allotmcnt ofdw~lltngunit Will be subject to Regulation, 1979 and strictly n:gulated 111 accordance with the terms and conditions aiven in the advertisement ~ Itwa~ cl~ar~ysti pulated .in the,Schcme of allotm~nttl~at there may be variations III 0.10 cos.s fl om tll1:e to tune - Enhancement ofpnce not open to challenge under Arttcle .226 as parties are bound by terms of allotment - Bareilly Development Authonty's case AIR 1989 SC 1076 reiterated - Kulwant Singh v. Chandigarh EllhaI~CCI~cnt of llIlotted flat - Petitioncrs were allotted multi-storeyed flats at ManlmaJra by th~ respond~nt Buard - In category Itentativc price of the flat was Rs. 4 Lacs and 111 category II it was Rs. 3 lacs - subseq uently the price wa~ ~nhanced to Rs. 6.25 la.cs and 4.75 lacs respectively to be deposited by the petitioners - No reply was gIven to the reprcsentation made to the Board - Held there.is no just!fication for increasing the price arbitrarily - Notice ofenhancement of prtce h~ld I:able to be quashed- However, it will be open to the Board to take f~rther actlO.n 111.accordance with the terms and conditions ofthe contract in ques­ Enhancemcnt of sale price - Thc Chandigarh Administration dccided to allot some land for construction often shops to Chandigarh Housing Board at the rate of Rs., 500/- per sq. yard - The Board, thereafter invited application for ~lIotmel1t of these shops in t!le ycar 1983 and again in 1986 - The allottees were Issued dcmand-cum- allocatIOn letters demanding Rs. 3.5 lakh each plus balance amo~nt of Rs. 1.5 Lakh to be paid after the delivery of possession of the shop - It was 111 th~ year .1989 that the Board fixed and demanded Rs. 1205514/- against the tentative prtce of Rs. 500000/- as advcrtised earlier - I-reid, The price as demanded by the Chandigarh Administration vide its letter dated 31-10-1989 is hereby quashed with the direction that the allottees may be given possession of thc shops at the rate of land as advertised earlier - Maj General Ram Singh v. . Falsc affi~avit - A d:v.elling house was.allott~d to the pctitioncr by respondcnt 011 false affidaVIts that petItIOner or any oflus family member was not owning any i I i Chandigarh Housing Board (Allotment, Management and 535 house within Panchkula, Chandigarh or Mohali - But the S.P. had intimated that petitioncr was owning a housc No. 2373 in Sector 71 of Mohali - Allotment of house was cancelled on the basis of false affidavit -It is pleaded by the petitioner that he had sold this house in 1995 whereas allotment was made in 1996 - But mere agrecment to sell is not a sale as its sale deed was registered alter the datc ofallotment - Order ofcancellation ofallotment upheld - Raghbir Singh v. Advisor to Administrator, Ur, C/ulildigarh, 2012(2) Haryana Law Repcrter 229 D.B. Self Financing Housing Scheme, 2008 - Petitioner sold/u'ansferred the ~arlier dwelling unit allotted to him at cOl1cessional rates to a third p<>rty by execut­ ing a tripartite agreement ill violation ofclause 5 ofsaid agreemcnt - As per terms ofagreement, petitioncr was not eligible for allotment ofany dwelling unit under any scheme ofthe Chandigarh I-lousing Board - Petitioner is not eligible for allot­ ment and is estopped from challenging thc clause of agreement in view of2006 7. Manner ofpayment ofprice and Allottee's Obligations. - (I) When a property is disposed of by sale, evcry applicant shall deposit a sum equal to 25 per centum of the consideration money of the propelty or such amount as may be specified in the schcme. Such dcposit shall be non-intcrcst bcaring ullless other­ wise declared by the Board to be interest bearing. (2) An applicant to whom the property has been allotted shall have to pay the balance amount oftlle consideration money (i.e. after adjusting the dcposit) as may be specified in the allotment letter either in lump-sum or in such number of instalments as may be prescribed therein. (3) If payment of the balance ofconsideration money is madc in instalments, the allottee shall have to pay intcrest on the balance amount of premium at the rate as may be fixed by the Board by prior intimation. (4) In case any instalment is not paid by the allottee by the due datc, a notice shall be served on him calling upon him to pay thc instalment within a 1110llth together with penalty which may~xtend upto I [25] percent of the amount due. If the payment is not made within the said period or such extcnded period as may be allowed by the Board but not exc(;oding three months in all, from the date 2[ _ ] on which the instalment was originally due, the Board may cancel the allotment and forfeit the whole or part ofthe consideration money and ground rent already paid in respect of the propcrty and thenceforth the propcrty shall vcst in the Board. (5) In case of an applicant who has not been allotted any property, the de­ posit made with the application shall be considered as Deposit under allY scheme which the Board may framc for further allotment ofthc dwelling unit unless thc applicant applies for the rcfund ofthe said amount. (6) Thc Board shall have the sole and exclusive right over the deposit till it is adjusted or rcfunded with or without deduction as provided in these regulations and the appl icant shall execute all neccssary documcnts as may be directed by thc Board from time to time in this behalf to enable the Board to deal with such money. 1[(7) The allottee shall not sell, alienate, transfer or otherwise part with the possession of the whole or ally part ofthe said propcrty ti 11 he becomes the owner 1. Substituted by Chd. Admn. Gil;':. (Extm) Notification No. IIl3(S)-G-2/961l1228 lbtcd 30-8-1996 3. Substiluted by Chd.Adlllll. Gaz.tExtra) NOlifieation datcu 18-3-2005 published 01123-3-2005 at pagl! 182 536 Chandigarh Housing Board (Allotment, Management and 537 so long as the marriage between husband and wife was subsisting - However, thc Board was directed to forfeit only halfofthe amount deposited by the respondent Allotment of Government houses - Cancellation - On an inquiring it was found that the petitioners who were allotted government houses had sublet the same and in consequence thereof their allotment was cancelled - Hcld, the mere fact that a cyclostyled order was passed, does not prove that ~here was no appli­ cation of mind by the authorities concerned - Balwant Singh .~~ ChiefSecretary to Government Punjab. 1989 H.R.R. 620 (D.B.) Allotment of houses - Discretion - Petitioner deposited R.J. 1,000/- with an application invited by I-lousing Board for allotment of houses - Petitioner was unsuccessful for allotment in draw of lots - No objection was filed against the allotment through draw of lots - All thc allottees were not impleaded - No rcply about the lettcr giving option ofchoice ofplots was given by pctitioner - Morcover, writ petition was filed after a delay ofmore than one year - There is no illegal ity in the allotment - Shamir Singh v. Chandigarh Housing Board, 1995 II.R.R. 499. Allotment ofH.IG. houses - Discrimination - The [~ousingBoard allottcd houses in favour of some officers and ignored the petitioner who was similarly Commissioner, 1985 H.R.R. 220. Arbitrariness - When there is a pure and simple contract betwecn the parties, no reliefcan be granted to the petitioner in writ proceedings - But where increase in initial.price of the plot was wholly unjustifiable, such increase can be challenged under Contract Act - Arbitrary increase in price offlat by the Housing Board recoverable from the petitioner ignoring the case ofanother allottees held to be violative of Article 14 of the Constitution - Sukhpal Singh Kang v. Chandigarh Housing Board, 1995 HRR 253. -Allotment of shops - Allegation of malafide and arbitrary allotmcnt of shops/stalls by Minister of Housing - Allegation duly proved - Cancellation of allotment ordered - Show cause notice issued to the Minister - Government is directed to frame a policy within two months for re-allotment after cancellation of present allotment which should be fair andjust - The Minister is requircd to show cause why damages should not be claimed from hcr for alleged misuse of power - Shivsagar Tiwari v. Union of India, 1997 H.R.R. 98 S.C. Cancellation of allotment - Housing Board is the competent authority un­ der the Regulations - Approval ofdraft order by the Chairman of the Board does not mean that order was passed by the Chairman - Under the Act Chairman of the Board alone is not competent to pass the order unless othcr mcmbers of the Board pass the same jointly - Thc impugned order ofcancellation of plot deserves to be set aside - Rattna Ram v. Chandigarh Housing Board, 1997 llRR 482. Discrimination - Rajasthan Housing Board started a sclfhousing scheme­ Applicants were grouped into four quarters - Possession was to be givcn after construction of houses by phases - After granting allotment for the first quatter construction for the remaining quarters was delayed which was beyond control of the Board - Enhanced price was demanded of the remaining quarters from the allottees - Discriminatory treatment about the remaining quartcrs was alleged ­ The contention is withoutany force - Board committed no error in dctcrminingthe cost differently in respect of2nd, 3rd and 4th quartcrs as the Board had borrowed huge amount from various sources for which interest was payable - Pica of dis­ criminatolY treatment rejected - Awasan MandaI Parijat Ayawarg Sangharsh COMMENTARY Affidavit - The Oath Commissioner attested the signature ofa dead person and the affidavit ofa person who was not alive was filed in the Registry - Inquiry ordered against the Oath Commissioner - The Advocate on rccord who filed the affidavit was given warning for not indulging in such activities in future after he tendered an apology for this act - Bihar State Housing Board v. Satya Narayan Allotment - Revised policy of industrial sites forthe establishment of print­ ing presses called into question in writ petition - Revised policy docs not suffer from any act of arbitrariness - Appellants fonned a separate class - All persons who have applied for industrial sites for establishing printing presses \~erc gl:ouped togcther - No discrimination - Appeal dismissed - Constitution oflndm, article 14 . Paradise Printers v. Union Territmy of Chandigarh, 1988 H.R.R. 409 S.C. -Allotment ofdwelling unit was cancelled without any notice to the al1ott~c by Administration - Notice was not served with the plea that allotment was provI­ sional and allottee failed to comply with terms ofallotment letter - Plea not tenable as lack ofopportunity has resulted in miscarriage ofjustice - Impugned order held to be violative of principles of natural justice - 8mt. Shashi Bala v. Chandigarh -School in park site - D.D.A. allowed respondent No.2 to open a nursery school in a place which was reserved for a park - Allotment uf sitc in favour of respondent No.2 in the name ofa school obviously is misuse ofpower - Allotment is liable to be cancelled - However, respondent can continue to run the school for a period of six months to enable them to make alternative arrangcments to avoid harassment to the children - Dr. GN. Khajuria v. Delhi Development Author­ Allotment of flats - As per regulation only one among wife, husband and their dependents was eligible of a building or a flat - In the present case both husband and wife applied separately and were made allotment of two Oats - After discovery ofreal fact allotment made to the husband was cancelled and the entire amount was forfeited - It was pleaded by respondent-husband that he was having estranged relation with his wife and was entitled to makc separate application ­ There is no force in the contention - Cancellation ofallotment is not per se illegal, Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 or for a period of 10 years from the date of actual possession, whichever is latcr except that - . (i) A lease for a period not exceeding 5 years at a tnne may be. created. . (ii) The right, title and intcrest ofthe allottee may be mortgaged 111 favour ot the Gov'emment, Life Insurance Corporation or any Scheduled ~ank ~r any Cor­ pOl'ate Body subject to first charge on the property for the unpa~d'por~lOn of pur­ chase price and other due~' ')utstanding towards the allottee remain II1g 111 favour of the Board: Provided further that mch mortgage, lease, etc. can only be created \\lith the prior permission of the Board and the Board will be competent to impose any condition while granting such pennission. . Notwithstanding anything containcd in sub-regulation (7) ab?~c, the Ad.mll1­ istrator. may at his discretion and for reasons to be recorded 111 wn ling, pernut the allottee in genuine cases of hardship Or on humanitarian grounus as he dcems fit to sell, alienate, transfer or otherwise palt with the possession of thc wholc or any part of the said property after he has made the full payment of the properly to the Board]. 538 Chandigarh Housing Board (Allotment, Management and Enhanced price - Although courts have been, from time to time, upholding the excess prices charged by Development Authorities in the circumstances of the cases, but it does not mean that Authorities have absolute right to hike the price offlats initially announced as approximate or estimated cost of such flats ­ Authorities owe a duty to explain and to satisfy the Courts, the reasons for such escalation - Indore Development Authority v. Sadhana Agarwal, 1995 HRR 552 SC Eqliit), - Respondent obtained allotment of plot in his favour concealilJ~ the fact of allotment of another plot in his name within the same Municipal Awa ­ Violation of undertaking given to Allotment Authorities - Cancellation of second allotment justified - No equitable reliefcan be granted to respondent - Bihar State Housing Board v. Satya Narayan Prasad (dead) by 1.&., 1998 H.R.R. 153 S.C. Forfeiturc - Cancellation of allotment - Respondent was allotted a house under the Economically Weaker Section Scheme - She misstated the facts of monthly income resulting in the cancellation of plot - A petty amount being for­ feited - Forfeiture of hire purchase deposit was set aside by the authorities below - Thcre is no illegality with the impugned order - Petition stands dismissed -Ilous­ Incomplete construction - Respondent allottee had been informing the appellant Board, time and again, for making the flat residentiable by putting up fittings and fixtures without which the flat remains only in a skeleton form - It was being used for storing cement by the Board - Respondent without completion of construction of flat cannot be compelled to execute the agreement to pay the revised rate oftlfe flat with interest - Dismissing the appeal of Board it is directed to comply with the directions ofthe High Court issued vide its order datcd 2.2.1993 Incrcasc in price of Houses - Petitioners were allotted houses by respon­ dent Board, of various categories, on the basis of tentative price - Prices were reviscd frequently which forced the petitioners to challenge the same - The Board furnished details of the grounds for revising the price of houses - As regards the profits added on the amount which is total ofexpenses on building portion, public health, electric installation, interest on land and building cost, it is justified - There is no logic for adding cost of land, interest on land cost and building cost towards the cost of construction of flats for determining the profit - There was no justi­ ficatio:1 to charge profit on cost of land by contending that the procedure is fol­ lowed as suggested by the HUDCO - The writ petition is accepted to that extent Intel'cst - Housing Board paying interest to HU DCO - Charging of intcrest at the same rate from alloltees is not arbitrary - Mathura POl'shad v. Chandigarh Officcr's liability -An officer allowing unauthorised construction at a pub­ 1ic place should not be allowed to go scot free - Such officer is more to be blamed than the rccipient of the illegal benefit - It is imperative that while undoing the mischiefwhich would require the demolition ofthe unauthorised construction, the delinquent officer has also to be punished in accordance to the law - In thc present case D.D.A. was directed to make inquiry against the officers concerned and inform the apex court within three months for passing further orders in this regard Ucsel-vation of plot -If any reservation is under in violation of provisions of the Act, the same cannot be sustained - Reservation was made in the name of C s hlandfi~arh Housing Board (Allotment, Management and 539 a eo lenements) Regulations, 1979 industrial workers in violation of legal provisions - Some tenements alter making ~lIotm~nts to women workers remained un-allotted which were allotted to the 197~ - Allotment beIng In VIolatIon of the prOVISIons of Regulation set aside, Kapli Dev 11.. Housing Board Haryana, 2013(1) Haryana Law Reporter 250 Tenta~l~e price: Inc,:ease in pri~e - Enhanc~ment of price is justi fied only when there IS II1crcase 111 pnce ofacqUIred la.'J or Ifcost of constructioll or labour charges hav~ been incre~sed - Mere mentioning a price as tentative as it has be~0n:te ayl1lversal practice adopted by the B..lard, does not make the increase in pr.lce Justifiable - Increase in tentative price being arbitrarily and cannot be SlIS­ . VIOlation of legal provision - Encroachment - Show cause notice _ Gnevance of the petitioner is against a show cause notice by respondent for encro~chment on governl,nent land ~nd .issuance of n.otice w.ithout any legal authonty - !,he plea that ,Issuance ot notIce under Punjab Capital Act and also ~nd~rHousll1& ~oardAct IS against law- Held, the objection is without any merit 1I1 view of deCISion rendered by this Court in Paramjeet Singh's case decided on 4.3.2~12 (CyvPNo. 16970 of2007) when it was held that Capital of Punjab Act, 1952 I~ applicable to u.rban as well ~s r.ural area of UT, Chandigarh as envisaged by sectIOn 4 ofthe ~unJab Re-?rganlsat.lOn Act, 1966 - The objection is repelled­ But a~ no opportun.l~y of hear~ngafter Issuan~e of notice and passing ofan order was given to the petitioner, the Impugned order IS not legally sustainable-Impugned Or~e.r quashed - Case remanded to pass an order after hearing the petitioner ­ Petition allowed - P.S. Sawhney v. Chondigarh Housing Board, 20 12(1) Harvanu . Writ rcmedy - Onc~ the procedure adopted by the authority is held to be agall1st th~ mandate ofArticle 14 the Court can~ot ignore such action saying that the !1ut~onty~oncernedmust have some IIberty III contractual matters - A !though ordll1arl1y Article 2~6 ofthe Constitution is not a proper remedy for re-openingof contracts or for gettll1g back the purchase money paid under the contract - Mathura ~. Manner ofpayment of Hir~-purchaseprice, - (1) The hire-purchase depos!t shall be a sum as may be deCided by the Board from time to time. Such dep~slt shall be payable along with the application and it shall be non-interest be~f1ng unless t~e Board otherwise provides in the scheme. Such deposit shall be adjusted at the time ofallotment ofdwelling unit. (2) In t!le ca~e ofany appl.icant who has not becn allotted any property, the depOSit speclfie? 111 sub-regulatIon (I) above shall be considered as deposit under any scheme which the Board lUay frame thereafter unless the applicant applies for the refund of his amount. . (3) [n the,case of an appl icant to whom an allotmcnt letter has becn issued and who has faIled to fulfill the requirements as specified in the allotl11cntlcttcr a sum up to 20 pCI' centum ofthe deposit shall be forfeited and the balance refunddd. 9. Peril}d of.llire-purcltase. - The hire-purchase period shall be such as may be prOVided 111 each scheme framed by the Board under these Regulations. .1~. Moltthly iJ!stalmellts and Hirer:s Obligations. - (1) Subject to the prov.lslo.ns ofregulation 7, the balance of hIre-purchase price of the properly in­ cludll1g II1tcrcst thereon at such rates as may be fixed by the Board shall he rceov- 540 Chandigarh Housing Board (Allotment, Management and crcd in such number of monthly instalments as may be specified in each scheme. The amount ofeach instalment shall also be such as may be fixed by the Board in every casc : Provided that the hirer may make the payment of the balance of the consid­ eration moncy in lump sum. I [(2) The hirer shall not sell, alienate, transfer any of his rights or interest in the said property or otherwise part with the possession ofthe wholc or any part of the said property till he becomes the owner or for a periorl of 10 years from thc date of actual possession, whichever is later, subject to the under mentioned ex­ ceptions ;- (i) A lcase for a period not exceeding 5 years at a lime may bc created. (ii) The right, title and interest of the hirer can be mortgaged in favour of the Government, Life Insurance Corporation or any Scheduled Bank or any Corporate Body, provided the Board shall have first and paramount charge on the said property for the unpaid portion of purchase price and other dues outstanding against hirer including penalty, ifany: Providcd further that such mortgage, lease, etc. can only be created with the prior permission of the Board and Board will be competent to impose any condi­ tion while granting such permission. Notwithstanding anything contained in sub-regulation (2) above, the Admin­ istrator may at his discretion for reasons to be recorded in writing permit the hirer in genuine cases of hardsh ip or on humanitarian grounds as he deems fit to sell, alienate or transfcr any of his rights or interests in the said property or otherwise part with the posscssion of the whole or any part of the said property after he has mudc the full payment of the property to the Board.] 11. Use ofProperty. - (I) The allottee or the hirer shall be bound to comply with thc conditions as to use, if any, imposed either und:r the letter ofallotment or hirer-purchased tenancy agreement, or lease deed as the case may be, as well as any conditions imposed on thc Board by thc Government while transferring land to the Board. (2) The allottee, hirer and any other person occupying the property shall abide by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 and the rulcs made thereunder: Provided where the person occupying the property is other than allottee or hirer, as the case may be, the responsibility to abide by the above stated Act and Rules shall be joint and several on the part of occupant, allottee or hirer as the case may be. . 12. Payment ofDocumental Charges. - All documental charges shall be borne by the allottee or hirer. 13. Payment ofRents, Fees, etc. - All rents, fees, taxes, charges assess­ ments, Municipal or othcrwise and other levies of whatsoever naturc shall be borne by the allottee or hirer as the case may be and shall be payable by the allottec or hirer within the period specified in this behalf: Provided that in every case ofdefault of payment of rent or damages by the aliottce or hirer, the Board shall have the power to recover the same as arrears of land revenue in accordance with the provision, of section 52 of the Act. 1. Substituted by Chd. Admn. Gaz. (Extra) Notification dated 18-3-2005 published on 23-3-2005 at page 182 Chandigarh Housing Board (Allotment, Management and 541 14. AJlotteelHirer precluded from o~jectillg to property cirCUlI/i'la/lce.". - The Board shall offer thc property on hire purchase or sale on the baSIS of property circumstances that exist at the time of allotment or delivery of posses sion whichever is later. The allottee or hirer shall fully make himsclf COIlVerS:lnt with the propcrty circumstances and he shall be prccluded from making complaint or raising objections or setting up claims regarding the propeliy circllmstances ilt any subsequent state. 15. AdmiJ'istral:011 ofcommon Portions/Services. - (I) The Registcrcd Agency shall be respon~lule for the maintenance, up-keep, running, control anI.! regulation for use of con'mon portions and common services of each block in a Housing Estate and it shall be the duty of such agcncy to administer thesc com· mon portions and common services in accordance with the relevant agreemcnt. The allottee/hirer shall be liable to pay to the Registered Agency, the charges f()r the purpose as decided by the Board. Such charges shall be decmcd to be in­ cluded in rent. In case of failure on the part of allottee/hirer to make such pay­ mcnt, the Board shall have the power to recovcr such amount as arrears of land revenue. (2) In case ofmulty-storeyed buildings the allottees orthe hirers, as the case may be, of the particular portionlflatldwelling unit of a building on any particular site, shall be jointly and severally liable in respect ofthc conditions of transfer of the site. . taincd in these regulations, the Board may transfer the registration numbcr or any property after a pcriod of 5 years from the date of physical possession by Impos­ ing such terms and conditions as it may deem fit.] 17. Cancellation oflease. - The Board may cancel the lease ofany allo[tc{~ or hirer of a palticular portion/flat on the grounds of breach ofany conditions (If allotment and forfeit whole or part of the money already paid to the Board and thenceforth the property shall vest in the Board: Provided a reasonable opportunity of being heard is provided to the alloH!;'.:/ hirer before cancelling the lease. COMMENTARY Cancellation of plot - Automatic cancellation - Where thc allotcc neither conveyed acceptance nor paid the amount asked for, within 30 days of the receipt ofallotment letter, it was held, that allotment stands automatically cancclled under regulation 5(5) of the Hr. Regulation 1978 - Smt. Aruna Luthra v. Stale of --Opportunity - In S.R. Dass v. Stale of Haryana & ors. 1988 PU 123 (D.B.) where the allotment of plots was made to various persons out of thc dis­ cretionary quota of the Government made by successive ministries and at the instance ofLok Dal ministry orders ofcancellation ofallotment ofresidcntial plot were made. These orders of cancellation were challenged before the Hon' ble Pb. & Hr. High Court - Whereupon the Division Bench made the following observa­ tions : That blanket order of cancellation is liable to be struck down (i) Where the Govt. did not apply its mind or acted arbitrarily or where no guide lines werc laid for allotting plots carved out ofgreen belts or areas reserved for public purposes (ii) Where allottees started construction aftcr getting plans sanctioned (iii) Where HUDA did not apply its mind at all before issuing lettcr ofcancellation. (iv) Where 1. Substituted by Chd. Admn. Gaz. (Extra) Notification dated 17·3-2010 at page 439 I. Addcd by Chd. Admn. Gaz. (Extra) Notification No. HB(S)-G-2/96/1128 dated 30-g-1996 2. Substituted by Chd. Admn. Gal.. (Extra) Notification No. 1'1 B(S)/EAI/2K8/4429 dalcd 17-3- 2008 at pagc 456 3. Substituted by Chd. Admrl.Gaz. (Extra) Notilication No. HI3(S)-G-2/96/11228 dated 30-8-1996 4. Substituted by Chd. Admn. Gal.. (Extra) datcd 6-7-2001 published on 20-7-2001 at page 1277 5. Substituted by Chd. Admn. Gal. (Extra) Notification datcd 19-9-! 990 publishcd on 30-10-1990 Chandigarh Housing Board (Allotment, Management and 543 24. A/lolfheids. _The aHotnlent ofproperty to the eligible persons shall b(~ made by drawofl6is under the supervision of the committee or ill such other monner as ma)"b~,deternlincuby the Board. 25. Reserpa/iifnvj'DiVei!iflg:units or Flats. - Unless otl1erwiscprovidcd or specified bytlleI3Qard,oil'loftlictOtal number ofdwelling unitslllats, the reser· (I) 12-' I.p,er eChtoftoUtldweUlng units/flats 111 each category In hlvour of applieal1tsb~fqrlgiN!:tO.s~hf9~'ledeastesand scheduled tribes I [as notified for the , 2{(ii) 5 pereeilt of thctotalnumber of dwePing units in favour of serving Defence Personnel and the Pensioners/rami Iy Pensioners ofthe Defence Forces;] (iii) 5 percent in favour the l[other Backward Classes] as arc notitied or (iv) 5 percent of the employees of the Punjab and Haryana Governments and the U.T. Administration and Corporation and Boards of the U:1'. Adlllinistn;­ tion who have retired or who may retire within three years I [from the date of opening of the Scheme] ; ~ [(v) 3 per cent in favollr ofthe "Persons with Disability" as defined in"Th" Persons with Disability(Equal Opportunities, Protection of Rights and Full Par­ ticipation) Act, 1995 as certified by the Disability Board constituted for the pur­ pose by the Chandigarh Administration.] 5[Provided that ifsufficient applications are not forthcoming froll1 any oftbe reserved categories mentioned above another attempt shall be made to invite np­ plieations from the aforesaid categories of persons and if on second attempt suf- ficient applications are not forth coming the halfofthe reserved dwelling unit/flats shall be allotted to the applicants in the general category.] COMMENTARY . Allotment ofH.I.G houses - Discrimination - The Housing Board allotted houses in favour of some officers and ignored the petitioner who was similarl:, . situated _ Order wholly unjustified - Shri L.R. Roojam, pes. Judicial Sub· Allotment _ Classification - Provision of Chandigarh Housing Board Regulations 1979 have been challenged by petitioner with the pica thilt these regulations reserving J00% allotment of dwelling unit to employees of UT Chandigarh are in violation of Article 14 of the constitution - C!assJic;:tion of applicants for allotment is totally in violation ofconstitutional provisions as held in Deepak Sibbal's case AI R 1989 SC 903 - Contention is without merit - There are 5744 employees in ChandigarhAdministration comprising diiferent categories A, B, C & D _They have no house of their own in Chandigarh, Panchkula or Mohali -They have been raising their voice for allotment since long -Administration have floated 5 different schemes for general public - There is no violatioll af any provision ofConstitution - Said authority cited above is distinguishable - Petition CHAPTER III PROCEDURE FOR DISPOSAL OF PROPERTY . .is.Issue ofPublic Notice_.- Th~ Chairman or the officer authorised by him 111 tl:1S be~lalf,.shall ~aus.e a pl1bll~ n~tlce.to be issued; in at Ica~t two newspapers ha~l11g wlde.elr~ul~~lon III tl~e U.mon femtory, Chandlgarh and 111 the manner pre­ senbed by hll11 111V It Il1g appltcatlOns for the allotment of property. . 19. Form ofApplication. - (1) The application shall be made in the pre­ scnbed form to the Chairman, Chandigarh HOllsing Board. (2) All applications received shall be entered serially in the application regis- ter. . 20. AJ1.(~lication to be acknowledged. - The person receiving the appli­ cation shall give an acknowledgement ofthe application. '. 21. Rejection ofinvalid application. - An application which is incomplete 111 any res~ect shall be r?turne~ to the ~pplica'nt. and he shall be ~sk.ed to rectify the def~ets P?ll1ted ?ut ~o hun and lfhe fatls to rectify the defects wlthll1 the stipulated penod, his application thereafter shall not be entertained. 22. Constitution of Property Allotment Committee. - The Board shall fo; the purpose ofallotment ofproperty under these regulations constitute a eom­ 11llttee to be called the Property Allotment Committee consisting ofnot more than five members of whom one shall be appointed as a Chairman. 23. Scrutiny ojApplications. - The committee shall determine which ofthe applicants arc eligible for allotment and the decision of the committee in this re­ gard sl~all subje~t to an appeal to the Board within thirty days ofthe decision ofthe commIttee, be hnal. Chandigarh Housing [)oard ~AlIotment, Management and noshbW cau$eno,ti~c.\Vasgiven for cancellation as post decisional hearing ~ould n()tmqetc~~s ofJu~tlce and (v)Where the bonafide purchaser for consideration .....;f!&'l«furtller,that Courts always have control over arbitrary acts Of Execu­ tJx(?~.~l\ih11t1ft'thecxcc~tivea.uthority is required todischargeltsJunetionin.good tal.lhan:tl 'falrlyahdnot)11 arbitrary way. Unchecked Power is alien to ruleoflaw can belmputed to power of resumption under the Act. Theveryeonceptofa planned urb:m development is now a well recognised social norm of a welfare State. S:ha\l~nged to eons~itutionality ofprovisions ofAct on the basis o'rprinciples enunciated III Olga Tells case AIR 1986 S.C. 180 cannot be sustained - Surat Power of resumption - Weapon of last resort - Where construction of building was to be started within two years as precondition of allotment letter. The allo~tee could not start construction within the stipulated period as the actual pos­ session ?f the plot was not delivered to him by the authorities. Held, order of ~cSl\mpttollOl.l the ground offailure to ?onstruet the building within the said period IS .wholly arbltr~ry. Power ofresut,TIptlon must be used as a weapon of last resort with great caution by the authonty under the Act - D.N. Kajriwal v. State of Haryana, 1987 PU 532. 544 Chandigarh Housing Board (Allotment, Management and 1[26. Discretionary allotments. - The Administrator, may in his diseretion allot 5% of the total number ofdwelling units/llats under any seheme to any per­ son: Provided that the allotments of flats/dwelling units under the discretionary quota, shall be made only to the persons falling undcr anyone of the following ~ a,egories and who fulfil the eligibility criteria laid down in regulation f), namely:­ (i) War widows and widows of defence services personnel/para military/ police personnel killed in counter insurgency operation and border ine:dents. (ii) Persons who have suffered 50% or more disability in war, counter insur- gency or counter terrorism operations anywhere in India. (iii) Widows of victims ofterrorism. . (iv) Persons who have performed acts of heroism to save human lives. (v) Gallantry award winncrs and persons who have distinguished themselves in any field such as sports, social welfare, education and academics or fine arts at the national level.] ,'" 27. Formation of GrOUJlS ofAllottees. - The committee shall prepare a limtllist ofallottees/hirers and shall place them in such group or groups 2[__] as may be deemed expedient for the purpose of constituting a Registered Agency. 28. Entry offina/list ofallottees ill a Register. - On the basis of final list of allottees/hirers, an allotment register shall be prepared in which names and other particulars of allottees/hirers shall be entered. 29. Issue ofAllotment Letter. - Intimation about allotment shall be sent by registered post or through a messenger of the Board to all persons who have become entitled to allotment ofa dwelling unitlflat. 30. Intimatiolt about grouping ofallottces/ldrers. - (1) Intimation about allotment mentioned in regulation 29 shall include the grouping ofallottees/hirers for the purpose of formation of Registered Agency if any as determined by the Committee. 31. Hire-purchase Tenllncy Agreement. - (I) Each hirer shall execute a hire-purchase tenancy agreement in such form as may be prescribed by the Board before being given actual possession. (2) Each hirer shall before executing the said agreement, pay to the Board the instalment of the price as provided in regulation 10. 32. Handing over ofpossession. - (I) The possession of the property shall be handed over to the hirer on the fulfilment ofthe following conditions :- (a) The hirer has paid the first instalment and such other dues as have been demanded by the Board; (b) The hirer has executed the agreement mentioned in regulation 31 (2) In case of disposal of property by way of sale, the possession of the property shall be handed over to the allottee, after such allottee has paid 25 per cent of the consideration amount or such amount as is prescribed by the Board. I. Substituted by Chd. Admn. Gaz. (Extra) dated 25·4·2003 published on 30·4·2003 at page 847 2. Omitted by Chd. Admn. Gaz. (Extra) Notification dated 11/12th August, 2000 at page 741 Chandigarh Housing Board (Allotment, Management and 545 CHAPTER IV REGISTERED AGENCY 33. Formation and Function ofRegisteredAgency. - (I) All persons who have been grouped under regulation 17 shall constitute themselves into a Regis­ tered Agency (hereinafter called Agency) under these regulations which shall include as its objects the following' - (i) To discharge such duties and responsibilities as are specified in these regulations and the ag 'eements made thereunder for the proper maintenance, running, upkeep and keeping in good repair common portions and Common services of such property as have been allotted to its constituent members; (ii) To pay on behalf of the Agency and on behalf of each constituent member of such Agency all rates, taxes, fees, charges, assessments municipal or otherwise and other levies of whatsoever nature as provided in the regulations and agreements executed with the Board; (iii) To look after the interest ofconstituent members ; (iv) To execute with the Board agreements, lease-deed or documents, as specified in these regulations,- (2) The Registered Agency shall be responsible at its own cost for carrying out current as well as special repairs to and maintenance of the common portions and COmmon services to the satisfaction of the Board and in accordance with the provision ofthe relevant agreement: Provided that in case of failure in the discharge ofsuch responsibi Iity on the part of the Registered Agcney, the Board may discharge it and the expenses thus incurred by the Board (whose decision as to the amount ofsuch expenses sl1311 be binding on the Agency) shall be recoverable from the Agency as arrears of land revenue. 34. COllStitlltion of Registered Agency. - The constitution of the Agency and the bye-laws governing its functioning shall be such as may be approved by the Board. 35. Application for Registration. - (1) Every such Agency shall make an application to the Chairman for registration under these regulations. (2) The Chairman after he is satisfied that the constitution of the Agency is in accordance with these regulation, shall register such Agency and issue a cer­ tificate of registration, to the Agency and a certificate of membership to each constituent member of the Agency. Further ifso directed by the Chairman, the Agency shall get itselfregistered under the Societies Registration Act, 1960. within such period as may be pre­ scribed by the Chairman. 36. ExecutioJt of documents by Agency. - No hire-purchase agreement, lease-deed or other documents shall be executed with the Agency until the re­ quirements of regulation 35 have been completed. 37. E/ection ofManaging Committee. - The Chairman or any other of­ ficer authorised by him shall, as early as possible, call a mceting ofthe Agency for electing a President, Vice-President, Secretary, Treasurer and one member who shall together eonstitutc the Managing Committee of the Agency. 1. Substituted by Chd. Admn. Gaz. (Extra) Notification No. HB(S)-G-2/96/11228 dated 30-8-1996 42. Status ofhirer. - I [During the subsistence of Hire-purchase period, a hirer shall remain the tenant of the Board and shall have no right except thosc under tenancy. He may, however, sub-let the premises under intimation to the Board and, in doing so, it shall be the liability ofthe hirer to ensure that none ofthe terms and conditions ofallotment/hire-purchase is violated.] 43. Enforcement ofProvisions of agreement. - If the hirer of the Regis­ tered Agency, as the case may be, fails to do anything or refrains from doing a thing as required by the agreement executed under the regulations, the Board shall have the power to get such things done or prevent such things being done at the risk and cost of the defaulting party. 44. Transfer of ownership to hirer. - The hire shall cease to be a tenant and shall become the owner of the property only after the lastinstalment of hire­ purchase and all other dues have been paid by him to the Board and the transfer of the property to him has been effected through a conveyance deed lease deed executed in such form as may be prescribed by the Board and the common por­ tions and common/scrvices, if any, have also been taken care of. 45. Tram-fer of ownersllip to Allotment/Lessee. - When the property is disposed of by way of sale, the allottee/lessee shall become the owner only after the full price and all others dues have been paid by him to the Board and the transfer of the property has been effected through a conveyance/lease deed ex­ ecuted in such form as may be prescribed by the Board and the common portions and common scrvices, if any, have also been taken care of. 46. Lease Deed for Land Under Flats. - (1) The land under and appur­ tenant to a property shall be allotted on lease-hold basis to the owners of the property on such terms and conditions as may be determined by the Board or as may be imposed on the Board by the transferrer (Government) from timeto time. (2) A lease deed for the land specified in sub-regulation (i) shall be drawn up and executed in such form as may be prescribed by the Board. 47. Status offlat. - Each flat, together with its undivided interest in the common portions and common services, appurtenant to such flat, shall for all purposes constitute heritable and transferable immovable property within the mean­ ing of any law for the time being in force and accordingly, a flat owner may transfer, subject to the provision of these regulations and any law in force, his flat CHAPTER V HIRE-PURCHASE TENANCYAND TRAIJSFER OF OWNERSHIP Chandigarh Housing Board (Allotment, Management and 547 amongst members inter se or between any party connected with the property by which the Agency and the constituent mcmbers are concerned in terms of agree­ ments with the Board, such dispute or difference of opinion shall be decided by the Chairman or by his authorised representative after hearing the parties con­ cerned and his decision shall be tinal. 41. COlltrol by tile Board over the affairs oftile Agency. - The Chairman as the registering authority shall have the power t.o :-. . (i) call for the information f~om the Ma~agtn~Commltte~or any constltuet:t member of the agency In connectIon ~vlth the affairs of the agency, (iii) call an extraordrnary meettng of the Managmg Com~lltt~e or of the general body orthe agency if in his opinion such a meeting IS necessary or desirable; (iv) inspect on a complaint such record and account of the Agency as he may deem fit ; . . ., . (v) issue any directive for securmg the effiCIent functlOl1Ing ofthe affatr of the Agency which shall be binding on the agency ;and . ' (vi) revoke registration of the Agency for good and suffiCIent reasons to . be recorded in writing. . (2) Where the registration of an agenc.y has been ~evok~d III pursuance. of sub-regulation (vi) of this regulation, the Chalrmat~ may eIther dlre~t the fm'matIon of a new Registered Agency or take over functIOns of the Regtstered Agency himself. '. . . . (3)Any dues payable to the Board by the Agency or ItS constItuent members shall be deemed as rent and shall be recoverable by the Board as arrears of land revenue. . (4) If any dispute or difference of opinion ~riscs between. the PreSIdent of the Managing Committcc or the Managmg Comnllttee and constItuent member of Chandigarh Housing Board (Allotment, Management and 38. Time Limit for Execution ofAgree1t!ellt. - The Agency shall with~n such period as may be prescribed by the C1~alrma.n execute the agreement JI1 regard to common portions and common servIces wIth the Board. 39. Responsibility of registeretl agency abl!ut Services.. - The ~gency and each of its constituent member shall be responsIble for ensunng t~at .- (a) No damage o. deterioration to the. prop~rty handed over 111 terms of the agreement under these regulatIons, tS c~used ; . (b) no installation or equipment connected with or provIded as part of water supply, sewerage, storm water, drainage, electricity or other service shall be tampered with; ., (c) no construction within the property shall be made otherwIse than wIth the prior sanction of the Board; . . (d) no obstruction to a person duly auth~rtsed.sh~1I be cau~ed s~ as to create difficulties in the discharge of hIS dutIes m connectton WIth the matters arising out of the management of property; and. (e) no obstruction to common portions shall be caused or mIsuse of the property shall be made such as : . - '. (i) occupying common passages, ~ta.trcases, approaches and the lIke, (ii) throwing garbage or refuse wlthm the prectnets of the propelty or outside it; (iii) Keeping a vehicle so as to obstruct the frcc movement; and (iv) creating insanitation or nuisance. 40. Liability of Constituent Member. - TI.le liability .of .each constituent member shall be limited to the liability prescribed III the constItutIOn of the Agency as laid down inthese regulations. fi>i:.-' "i, I, q arid the p~rcent~g~'ofundiVided interestin~:~thec6'mm()rip6rtionshna' common orin any 'Ot l1er manner whatsoever in the same -mariner, to the sameextehtran subject to the'sainerights, privileges and obligation, liabilities;investigatibhs;~~gal pr()ceedings, remedies and topenalty, forfeiture and punishment as any otnef7,i.m­ movable propert,Y'or make abequestofthe same under the laws applicable t()~He transfer and succession of immovable property : !~; , Providedthatthe common portion and cbmmon services shall remain undi­ vided and no flat owner or any other perSon shall bring any action for-partitiorls;or division ofany part thereof: , "" Provided further that each flat owner may use common portions and com­ monservices in a<:;cordance with the purpose forwhich they are intended wit@ut hindering or encroaching upon the lawful rights ,ofthe other flat owners. -';1 48. DeCision ofthe Boardiobe finaL - If in or in connection with,-the exercise of its powers and discharge of its functions by the Board, any dispu~ arises between the Board and the Registered Agency, an allottee or a hirer; the decision ofthe Board on such dispute shall be final. ' -*** "'tt! 49. Delegation ofpowers. -The Board may delegate all or any of its po~: ers under these regulations to the Chairman or to any ofthe members or officers of the Board. " 50. Relaxation. - Power to relax any ofthe provisions ofthese Regulatio~~­ in any case or cases or exceptional circumstances to be recorded in writing shall rest with the Board. " , 51. Removal ofDoubts. - Ifany doubt arises as to the interpretation of~~y. provisions ofth'ese regulations, the matter shall be referred by the Board tothe Administrator or such other authority, asinay be specified by the Administrator;' and the administrator ofsuch authority shall decide the same. " f, ,.,f , I..:~~ I f