Dismissed

Lower Income Group Housing Allottees Welfare Association, v. The Govt. of Telangana

Telangana HC24 Sept 2014WP/28956/2014

Case brief

AI extract

What is this about?

This court dismissed a writ petition filed by a housing welfare association challenging the high price fixed for the sale of previously allotted flats. The court held that a welfare association cannot espouse individual grievances regarding exclusion from allotment and cannot claim exclusive consideration for members who defaulted on financial requirements.

What did the court decide?

Dismissal of the writ petition; no order as to costs.

Lower Income Group Housing Allottees… — Public Procurement and Tenders | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.28956 of 2014

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Dated : 24.09.2014

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Between:

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Lower Income Group Housing Allottees Welfare Association, Regd.No.1224/2007, LIG-185/8, IV Phase, KPHB Colony, Kukatpally, Hyderabad, rep.by its Chairman P.Harish Reddy, S/o.Subhash Reddy, Flat No.506, MIG-900, KPHB Colony, 1^st and 2^nd Phase, Hyderabad.

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.. Petitioner

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And The Government of Telangana, Housing Department Secretariat, Hyderabad, rep.by its Chief Secretary And three others .. Respondents

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This Court made the following :

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.28956 of 2014

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ORDER :

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The respondent-Housing Board earlier issued notification calling for allocation of houses in Phase IV of Kukatpally Housing Board Colony, which were meant for low income group people. The persons, who applied in the first round of notification formed into an association, which is the petitioner herein. The allotments were made to the members of the association in the year 2005. Except 17 members of the petitioner association, all others have paid the amounts as demanded by the respondent-housing board and are in occupation and enjoyment of the houses allotted to them. 17 members could not comply with the financial requirements and therefore the provisional allotments made to them were cancelled. Notification dated 23.07.2014 was published in the daily newspapers for sale of 16 double bed room flats and one single bed room flat. Notification prescribed the price of Rs.22,26,000/for double bed room and Rs.17,66,000/- for single bed room. This writ petition is instituted by the petitioner association contending that the price fixed by the Housing Board is high and persons belonging to low income group can not afford to pay that price. It is contended that the 17 members of petitioner association have submitted an application but quoted lower price. Since the prices quoted by the members of the petitioner-association are far less than what is prescribed in the notification by the respondent-housing board, they would fail.

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2. Learned counsel for the petitioner contends that these are the flats which were originally allotted to the members of the petitioner association in the year 2005 and due to financial constraints they did not comply with the requirements and therefore the allotments made to them were cancelled. The Housing Board ought to have given an opportunity for the members of the association who were allotted these units based on the prices prevailing in the year 2005. The houses are meant to the lower income group and the price now fixed is far higher and people belonging to lower income group cannot meet the high financial requirement now prescribed. Therefore, the price now fixed is illegal.

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3. Admittedly the members of the petitioner association were allotted houses in the year 2005. All of them have paid the price determined

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except 17 members of the petitioner association for their own reasons. Having failed to comply with the requirements of provisional allotment, the Housing Board had no option but to cancel such allotments and has to go in for fresh notification calling for applications for allotment. Merely because members of petitioner association have earlier participated and successful in the allotment of flats, they cannot seek the allotment of very same flats, which they declined earlier as a matter of right only to the members of the petitioner association at a price which is convenient to the members of the petitioner association.

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4. Court cannot go into the correctness or justification of fixing a particular price in the impugned notification. It is for the housing board to decide at what price the flats can be sold to low income groups. Further more, once the earlier allotments were cancelled, the said allottees have no manner of right to claim allotment of said flats to them only. Once earlier allotments are cancelled, the Housing Board is competent to issue fresh notification calling for willingness of all persons who answer the description of low income group. Earlier allottees are also entitled to participate in the fresh round of selections along with all others.

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5. Relief claimed in the writ petition is allocation of these flats in favour of the members of petitioner association. No such relief can be granted. The allotment of houses by Housing Board is to an individual fulfilling the criteria for such allotment. Any issue arising out of such allocation is a personal grievance to such individual. The Welfare Association of residents of flats can not espouse the individual grievance of earlier allotee. The petitioner association cannot seek mandamus for exclusive consideration to 17 earlier allotees who defaulted only on the ground that they were earlier successful. It is only because of their failure to comply with the requirements, the board has to go for fresh round of notification.

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6. I see no merits in the writ petition and the same is hereby dismissed. It is open to those 17 members of petitioner association to participate in the present selection process, subject to fulfilment of the requirements, as advertised by the Housing Board. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand dismissed.

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_________________ P.NAVEEN RAO, J

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Date:24.09.2014 Rns

Lower Income Group Housing Allottees Welfare Association, v. The Govt. of Telangana

Case brief

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What did the court decide?

Lower Income Group Housing Allottees Welfare Association, v. The Govt. of Telangana

Case brief

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