- (1.)This is a writ petition by Brij Kumar Bhargava under Art.226 of the Constitution against the Rajasthan Housing Board (for short, the Board) and Naresh Kumar Sethi, for; (i) a declaration that the non-inclusion of flat No. 4/83, size 140.18 sq. metres, Jawahar Nagar Housing Scheme, Jaipur, in the draw of lots for allotment of corner flats, is illegal, (ii) a writ directing the Board to either allot flat No. 4/83 to the petitioner or in the alternative to redraw the lots for allotment of corner flats and (iii) a direction to the Board to implement the decisions of its Property Allotment Committee.
(2.)Before narrating the facts giving rise to the filing of this writ petition, a brief reference to the relevant provisions of law will be helpful for a correct appreciation of the nature of this controversy. The Legislature enacted the Rajasthan Housing Board Act, 1969 (for short, the Act) to provide for measures to be taken to deal with and satisfy the need of housing accommodation in the State. The Board constituted under the Act is charged by the Legislature to undertake works in different areas of the State for framing and executing such housing schemes as it may consider necessary. Under S.53 of the Act, the Board has made regulations, called the Rajasthan Housing Board (Disposal of Property) Regulations, 1970, laying down inter alia, the principles to be followed in the allotment of tenements and premises constructed by the Board under a particular housing scheme. Regulation 23 provides for the constitution of a Property Allotment Committee which will hereinafter be referred to as the Committee. The Chairman of the Board is the ex-officio Chairman of the Committee. The first step which a person desirous of allotment of a flat to be constructed by the Board must take is to get himself registered as a registered applicant in accordance with the provisions of regulations 22 to 26. The process of registration is complete with the entry of the name of the applicant in the register of "Registered Applicants" and the grant of a certificate of registration to him indicating his registration number and the amount of the deposit made by him for such registration.
(3.)The next step in the process of allotment of a flat is the making of an application for such allotment. Under regulation 27, the Chairman invites applications for allotment as soon as the flats are ready or nearing completion. It is only a person holding a certificate of registration as mentioned above, who is eligible to make an application for allotment under regulation 27. He must make the application in the prescribed form. A perusal of the prescribed form would show that there are three types of flats, i.e. corner flats, twin flats and ordinary flats available for allotment. The prescribed form requires the applicant to give his option for either a corner flat or a twin flat with his partner. It is made abundantly clear in this form that an applicant cannot opt for a corner flat as a twin flat with his partner. In fact, the instructions issued by the Board for the guidance of applicants make it further clear that if an applicant gives his option for a corner flat and a twin flat with his partner, the application shall be treated as an application for the allotment of an ordinary flat. The applicant giving his option for a corner flat has to give an undertaking that he shall pay such extra price for the corner flat as may be determined by the Board.