Nirmal Singh vs The Union Territory and Others

Ashok Bhan, J.—This writ petition has been filed for issuance of a writ of mandamus directing the Estate Officer, Union Territory, Chandigarh, to recommend the name of the petitioner to the Chandigarh Housing Board for allotment of a Dwelling unit of category ''A''.

Fact shortly, stated are

A Co-operative House Building Society, known as the United Services Co-operative House Building Society, S.C.O. 23, Sector 11, Chandigarh, (hereinafter referred to as ''the society'') is registered with the Registrar of Co-operative Societies, Chandigarh (Registration No. 334 dated 12.8.1981). The Society had its own bye-laws which have been approved by the Assistant Registrar, Co-operative Societies, Chandigarh. The objects of the Society are as under -

"i) To purchase, take on long lease or acquire by exchange or otherwise land for construction of houses or housing colonies.

ii) To construct, hire or acquire buildings for the individual and collective benefit of the members.

iii) To sell or to exchange house sites with members, rent out or lease building for common use, surrender or accept surrender of house or houses or house sites.

iv) To purchase and sell to members requisite material for construction and repair of house.

v) To establish any carry on sanitary, social, educational and recreational activities for the benefit of the members.

vi) to raise funds and to give loans to the members for the construction of houses by themselves or on their behalf, vii) To prescribe house plan.

viii) To undertake measures to spread knowledge of co-operative principles and practices.

ix) To undertake such other activities as are conducive to the attainment of the above objects."

The Society has laid down certain condition in para 5 of the bye-laws for becoming its members. The eligibility conditions are :-

"5. Subject to the provisions be eligible for admission as a member of the Society, if he is

i) over 18 years of age and of sound mind.

ii) is serving or a retired employee of the Union Territory of Chandigarh or the State Governments Punjab and Haryana or of any Corporation owned and controlled by the aforesaid State Governments.

iii) of good character.

iv) intends to build a house for his own use in the area of operation of the Society."

Petitioner, being eligible to become a members, was allowed to be registered as a member of the Society on 16.7.1990.

Chandigarh Administration floated a scheme known as "Chandigarh Allotment of Land to Co-operative Housing Building Society Scheme- 1990-91" (hereinafter referred to as ''the scheme''), vide notification dated 28.5.1991. The Scheme was entrusted to the Chandigarh Housing Board by the Chandigarh Administration. On the basis of the aforesaid notification, the Chandigarh Housing Board issued a letter dated 4.11.1991, Annexure P-l to all the Co-operative Housing Building Societies in Chandigarh. As per this Scheme, Multi-storied structures are to be constructed for allotment of dwelling units to the members of the Cooperative House Building Societies, which are registered with the Registrar of Cooperative Societies, Chandigarh upto 31.3.1988/31.10.1990. Application of eligible members whose names were registered up to 31.10.1990 are to be considered for allotment of dwelling units on 99 years lease hold basis. The list of members along with affidavits and applications was to be submitted by the Society to the Estate Officer, Chandigarh, to place the same before the Screening Committee constituted by the Chandigarh Administration for screening the eligibility of the members for allotment of dwelling units as per their income limits. There were three categories based on different income groups. Petitioners is covered under Category ''A''.

Applications were to be made in a prescribed form, a copy of which has been attached as Annexure P-2 to the writ petition. Certain conditions have been laid down in para 5 of the application form, Annexure P-2 for eligibility for allotment. The said conditions are -

"(i) A bonafide resident of Chandigarh for at least 2 years immediately preceding the date of this application.

Or

(ii) An employee of the Central Government/Corporation owned/Controlled by the Central Government i.e. ______________(name of Office/Corporation) stationed at Chandigarh on the date of his application.

Or

(iii) An employee of the Union Territory, Chandigarh or the State of Punjab/Haryana or any Corporation owned on controlled by the U.T. Chandigarh or controlled by the U.T. Chandigarh or the said Government of Punjab and Haryana i.e. ______(Name of office/Department/Corporation) and serving at Chandigarh from ______or has served at Chandigarh from ____________to __________in the past

Or

(iv) A retired employee/Govt. servant of ________(Name of Office/Department/Corporation/Govt. and retired on_____________ and residing at Chandigarh with effect from____________________".

The case of the petitioner was duly recommended by the Society along with its other members to the Chandigarh Housing Board, Chandigarh, Housing Board forwarded all the cases to the Screening Committee constituted by the Chandigarh Administration for screening the eligibility of the applicants. The name of the petitioner was withheld by the Screening Committee on the ground that he was not residing in the area of operation of the Society on 16.7.1990, when he became the member of the Society. Petitioner has impugned the said action of respondent No. 1 withholding his name for recommendation to the Chandigarh Housing Board for allotment of a dwelling unit of category ''A'', to which he was entitled to.

Notice of motion was issued, in response to which written statement has been filed.

Counsel for the parties have been heard.

The stand taken by the respondents is that the petitioner was not a resident in the area of operation of the Society either on 16.7.1990 when he became a member of the Society or on 12.8.1981, when the Society was registered; that the petitioner started residing at Chandigarh 7 months after he became a member of the society.

A perusal of the four clauses in the application form Annexure P-2, reproduced above, shows that a person for becoming eligible for allotment of a dwelling unit has to fulfil either of the four conditions mentioned in Annexure P-2. The case of the petitioner is that he is covered by condition No. 3. Under condition No. 3 a person had to be an employee of Union Territory, Chandigarh or the State of Punjab/Haryana or any Corporation owned or controlled by the Union Territory, Chandigarh or the said Governments of Punjab and Haryana either serving at Chandigarh or who has served at Chandigarh. The case of the petitioner is that he had served at Chandigarh from October, 1963, to May, 1964 he was an employee of the State Government, Punjab and therefore, eligible for allotment of a dwelling unit.

Respondents have clearly misread the condition regarding residence at Chandigarh to be that a person could become eligible for allotment only if he was residing at Chandigarh at the time when he became a member of the society or when the Society came into existence. From the reading of Clause 3 of para 5 of the application form, Annexure P-2 it is clear that not only those who were ever been in Chandigarh are entitled to allotment of a dwelling unit. Petitioner had remained at Chandigarh, between October 1963, to May, 1964, and is now posted as Superintending Engineer in the Punjab Housing Board, Chandigarh. He was, thus, fully eligible to become a member of the Society and for an allotment of a dwelling unit as per his entitlement in category ''A''.

There is no other provision either in the bye-laws of the Society or in the application form, Annexure P-2 which would disentitle the petitioner from allotment of a dwelling unit on the ground of non-eligibility. The name of the petitioner was, therefore, wrongly excluded from the list of persons recommended for allotment of a dwelling unit to the Chandigarh Housing Board.

For the reasons recorded above, this writ petition is accepted and a direction is issued to respondent No. 1 to recommend the case of the petitioner to the Chandigarh Housing Board for allotment of a dwelling unit, as per his entitlement receipt/production of a certified copy of this order. No costs.