Narinder Kaur Makol vs Chandigarh Housing Board and Others

M.Jagannadha Rao J.-The case turned upon the interpretation of Regulation 6(1) of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 framed under Section 74 of the Haryana Housing Board Act, 1971.

The Regulation stated that the allotment can be made only to such person who or whose wife/husband or any of his/her dependants does not own on freehold or leasehold or hire-purchase basis "a residential plot or house in the Union Territory etc." This Court, after referring to the allotment order, the Administrator''s letter dated 9-7-1993 in favour of the petitioner and the earlier conveyance deed dated 30-9-1981 in favour of the petitioner''s husband came to the conclusion that the words "a residential plot or house" include a flat constructed for residential purposes on the 2nd or 3rd floor of a shop on the ground floor. The principle of purposeful interpretation was adopted and further taking notice of the fact that the concessional scheme is not intended to benefit more than one member of the family aforesaid. The matter was argued by counsel on both sides on more than one occasion and we cannot accept that the petitioner''s counsel did not argue properly nor that the relevant documents were not considered.

There are no merits in the review petition. It is accordingly dismissed.