RAJASTHAN HOUSING BOARD Vs. SHIVRAJ SINGH BHANDARI
LAWS(SC)-2006-4-79
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on April 04,2006

RAJASTHAN HOUSING BOARD THROUGH ITS CHAIRMAN Appellant
VERSUS
SHIVRAJ SINGH BHANDARI Respondents


Cited Judgements :-

P.K. AGNIHOTRI VS. RAJASTHAN HOUSING BOARD AND ORS. [LAWS(RAJ)-2015-7-177] [REFERRED TO]
SMT. KUSUM LATA VS. JHARKHAND STATE HOUSING BOARD RANCHI [LAWS(JHAR)-2014-8-83] [REFERRED TO]


JUDGEMENT

Altamas Kabir, J. - (1.)These two appeals filed by the Rajasthan Housing Board (for short the Board) through its Chairman, are directed against the common judgment dated 31st January, 2005, passed by the Division Bench of the Rajasthan High Court at Jaipur, dismissing the two Special Appeals preferred by the Board against the order dated 21st April, 1994 passed by the learned Single Judge disposing of the two writ petitions filed by the Board.
(2.)On 27th September, 1973, the respondent herein got himself registered with the Board for allotment of a house in the Middle Income Group Category (for short the MIG) in the city of Jaipur. In 1979, the respondent requested the Board to alter his category from the Middle Income Group Category to the Higher Income Group Category (for short the HIG) and such change was duly allowed by the board. The respondent was informed accordingly by letter dated 25th May, 1979. The respondent was also requested to submit his option for the type of plot which he was interested in and pursuant thereto, the respondent submitted his option for a house measuring 40 x 90. The claim of the respondent was considered in the lottery held on 18th June, 1979 but he was not amongst the successful candidates. His case was again considered in the lottery held in the year 1980-81 but again he proved to be unsuccessful.
(3.)On 17th March, 1982, the Board published a notice in the Rajasthan Patrika for auction of residential plots and shops. The same was challenged by the respondent by way of a Writ Petition, being No. 401/1982. The respondent also questioned the policy of reservation made in favour of the employees of the Board, Members of Parliament and State Legislative Assembly by way of another Writ Petition, being No. 606/1986. Both the writ petitions were duly contested by the Board and its policy of reservation of a certain percentage of the houses for its employees, apart from the houses available for allotment by lottery, was scrutinized. It was disclosed that under the HIG category, total number of registered applicants were 300 in the year 1973 and 1911 in the year 1979. Of the houses/flats constructed in the said category, 484 houses/flats were available and the same were allotted by holding lottery. It was also disclosed that in 1980- 81, three flats of 30 x 60 size were also made available to the registered applicants of the HIG category. However, there were no applicants in the said category for these flats and, they were therefore, allotted to the MIG category.


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