SHANKUNTLA Vs. CHAIRMAN HOUSING BOARD JAIPUR

JUDGEMENT

(1.) A short but interesting question calls for determination in these writ petitions. The Rajasthan Housing Board (Hereinafter called the Board) a body corporate having perpetual succession and a common seal has been established under Section 4 of the Rajasthan Housing Board Act, 1970 (hereinafter referred to as the Act). Under sub -Section (2) of Section 4 of the Act it has been empowered to acquire, hold and dispose of property both movable and tmmovable and to enter into contracts and may by its corporate name sue and be sued and do all things and acts necessary for the purposes of this Act. Under Section 26 the Board is empowered to incur expediture and undertake work in any area in force under the Act for the framing and execution of such housing scheme as it may consider necessary. Under Section 53 the Board may, from time to time, with the previous sanction of the State Government, make regulations consistent with the Act and with any rules made under the Act -(a) for the management and use of buildings constructed under any housing scheme; (b) the principles to be followed in allotment of tenements and premises; (c) the remuneration and conditions of service of the Housing Commissioner and other officers and servants of the Board under Section 15; (d) for regulating its procedure and the disposal of its business. The Board in exercise of its powers given under Section 53 of the Act has made Rajasthan Housing Board (Disposal of Property) Regulation, 1970 (hereinafter referred to as the Regulation). The Board under the scheme for registration of houses is laid down under Chapter III of the Regulation -procedure for disposal of properly, invited applications for registration of houses from 1st October, 1979 to 15th January, 1980, which was extended upto 30th January, 1980. The petitioners applied for registration in the higher income group and deposited the registration amount. After scrutiny of the applications the Board issued registration certificates to the petitioners. The Board then invited applications from the applicants registered under the scheme for participation in lottery No. 2 for allotment of houses under scheme of 1980 -81 and the last date for filing applications was 30th August, 1980. The petitioners applied for participation in Jawahar Nagar out -right purchase scheme. The Board intimated vide publication dated 2nd October, 1980 published in 'Rajasthan Patrika' a daily news -paper that under lottery No. 2 of the housing scheme for the year 1980 -81 the list of eligible Candidaes for Jaipur will be placed on 22nd October, 1980 out -side the Board's office. On 22nd October, 1980 the list of eligible candidates was pasted out -side the Board's office. The total number of eligible participants in the Jawahar Nagar Colony, Jaipur under outright sale (salaried group; for the flats of the size of 140.18 sq. metres was 93. Out of 93 participants, one Smt. Usha Upadhyaya did not participate in as much as she herself with -drew her application subsequently and another Shri P.S.R. Andrew (Ex -service man) was transferred to reserved category of Ex -service men. Thus, in the said list 91 applicants remained as persons eligible for participation in the said group. Subsequent to the above list, two more lists of eligible participants, whose objections were removed and thus made eligible for the second draw of 1980 -81 for Jaipur City, were also notified by the Board. In the said two lists, there were five more candidates, who became eligible for participation in the aforesaid category namely, Sarva Shri Rajesh Paul, Dr. S.K. Soleman, Shri Radhey Shyam, Shri Bhagwana Ram and Shri S.K. Mehta. Thus the total number of eligible participants in the aforesaid category became 96 after addition of the aforesaid five applications. In case of Jaipur City the date for draw of lottery No. 2 was declared as 27th October, 1980 at 11.30 A.M. but the venue was not disclosed at that time and it was mentioned that the same will be declared later on. Thereafter by a notice dated 25th October, 1980 published in Rajasthan Patrika the venue and time was declared as 27th October, 1980 at 11.00 A.M. at Gandhi Nagar Club, Gandhi Nagar, Jaipur and the eligible candidates were asked to present themselves at the time of drawing of lottery. The petitioners and large number of other persons collected at the venue of the draw to witness the proceedings of the drawing of lottery. On 27th October, 1980 at Gandhi Nagar Club, many housing schemes were under allotment such as Nahari -ka -naka, Lal Koth scheme and Jawahar Nagar scheme far various types of houses of different categories. The petitioners participated in the Jawahar Nagar Scheme for higher income group under outright sale (salaried group). According to the petitioners the lottery for the higher income group for Jawahar Nagar scheme was started at 11.45 A.M. and at that time the Housing Officer announced the names of eligible candidates on mike for above noted categories as participants for the said lottery. The fact that the housing officer of the Housing Board announced the names of the participants on mike of the particular category, has been emphatically denied by the Housing Board in the reply submitted to the writ petitions. According to the petitioners their names and names of all other eligible persons were announced, but no one raised any objection at that time that his name has not been included in the list of eligible candidates. However this fact as contained in Para No. 16 of the writ petition is denied by the Board in its reply. It is however admitted by the Board that the draw of lottery for the higher income group under out -right sale for salaried persons started at 11.45 A.M. or near about. According to the system introduced for the drawing of lottery, slips of eligible candidates were put in a rotating drum and a man from public was called for taking out slips from the rotating drum one by one. The slip of the eligible applicant contained serial number of the slip, application number, name of the applicant, serial number of the applicant on the list, plot size, choice, terms of payment etc. Each of such slips was signed by the Secretary of the Board who is also the Member Secretary of the Property Allotment Committee.

(2.) IN the instant case, there were 110 flats of the size of 114.80 sq. metres for the applicants of all categories in the higher income group. Out of these 110 flats, 31 flats were of the category of GA -1 (salaried group under reserved categories) to be allotted amongst 96 eligible candidates as stated above. However by mistake, slips of 95 candidates only including one slip of a wrong candidate, were placed in the rotating drum, out of which 31 slips were taken out one by one. After taking out the aforesaid 31 slips one by one, names of unsuccessful candidates, whose slips had still remained in the rotating drum were also announced one by one on mike to make sure that the slips of none of the eligible candidate had remained to be included in the said draw and none was deprived to participate in the draw. According to the petitioners they became successful in the draw and their names were announced on the mike and thus they became entitled to one house in the above noted scheme. The petitioner's case as disclosed in Writ Petition No. 1676/80 that as many schemes were under allotment and as the Housing Officer had announced it earlier that the house numbers will be alloted after the lottery for all schemes were completed, as such after the announcement of the petitioner's name on the mike the petitioner went to his house to convey this happy news to his family members. When the petitioner in the after -noon at 3.30 P.M. went to Gandhi Nagar Club for obtaining the order of allotment he was shocked to hear that the above noted scheme was made subject matter of re -draw of lot in his absence and the lottery was taken out for the higher income group out -right purchase for the salaried persons again in which the petitioner could not get success - The petitioner was told that no house will be allotted to him under this scheme. According to the petitioner at about 11.55 A.M. lottery was stated and all the 31 houses of above noted scheme were allotted to various successful persons including the petitioner, and almost all of them went to their houses. The action of re -draw of lot was taken in the absence of eligible and successful candidates. The petitioner came to know only after -wards at 4.00 P.M. when redraw of lot was over, that one person had raised objection regarding absence of his name in the slips when the draw of lottery in the above scheme was over and in absence of successful members including petitioner, the Chairman and Allotment Committee suo moto took the view that the allotments were invalid and fresh lottery should be drawn for the allotment of houses under the above scheme. According to the petitioner on making enquires he came to know that no chit of any eligible candidate was left and all the chits of eligible candidates were put into the box. If this would have been the cause for re -draw of lot, then the Chairman or the Allotment Committee should have made detailed enquiry regarding the missing of chit. But unfortunately no enquiry was made and in a botch -potch manner, the earlier draw of lot was cancelled and re -draw of lot took place. Thus in order to favour some one process of law was by passed and without any basis re -draw of lot for the same scheme was taken out. In this manner the whole lottery system is being frustrated to commit fraud and mischif and help the favourite eligible persons which must have been done for some illegal gratification. Under the rules there is no provision for drawing of the lot a second time.

(3.) IT has been further averred by the respondent Board that after the aforesaid defects in the manner of draw having come to the notice of the authorities concerned and the Members of the Property Allotment Committee, a slight change in the procedure was adopted in the subsequent draws. This slight change was to the effect that even before the commencement of the lots, names of all eligible applicants were read over from the slips and were put in the rotating drum for the purposes of draw. After taking out the slips one by one to the requisite number, the names of the unsuccessful candidates were again read out from the slips which remained in the rotating drum. This double check was introduced to avoid any further mistake due to inadvertance. It has further been averred that the petitioner has not given the correct facts in the writ petition. She has concealed the material facts as to how and why the lots were again drawn and tried to avoid her responsibility by saying that she had gone to her house just after her name was announced after her slip was taken out of the rotating drum by the respondents. The petitioner has also made misrepresentation of the facts by making averments in the writ petition to mislead this Hon'ble Court to believe that at the time of first draw the slips of all eligible candidates were included in the rotating drum and that none of the eligible candidates were left out. She has also made a misrepresentation of fact that the names of all eligible candidates were announced before the beginning of the draw and none raised any objection at that time. Similarly she has made wild and false allegations of favouritism and illegal gratification without laying any foundation, whatsoever.