HARSH VARDHAN BANSAL Vs. CHANDIGARH HOUSING BOARD
LAWS(SC)-2006-5-93
SUPREME COURT OF INDIA
Decided on May 24,2006

HARSH VARDHAN BANSAL Appellant
VERSUS
CHANDIGARH HOUSING BOARD Respondents

JUDGEMENT

Dr. AR. LAKSHMANAN, J. - (1.)Heard Ms. Prashanthi Prasad, learned counsel for the appellant and Mrs. Rachana Joshi Issar, learned counsel for the respondent Board.
(2.)This appeal is directed against the order passed by the High Court dismissing the writ petition filed by the appellant herein on the ground of concealment of facts. The appellant applied for allotment of an H.I.G. (Ind.) flat. Under the Scheme, a person would be eligible for allotment of a dwelling unit in case he/she or his wife/her husband or any of his/her dependent relations including unmarried children does not own on free-hold or lease-hold or on hire-purchase basis a residential plot/ house in the Union Territory of Chandigarh or in either of the Urban Estates of Mohali and Panchkula. Similarly, in case he/she has acquired a house/residential site anywhere in India through Govt./semi government/Municipal Committee/Corporation/improvement Trust at concessional rates, i.e. at reserved/fixed price, in his/ her name or in the names of dependent members of his/her family, he/she will not be eligible for allotment of a dwelling unit.
(3.)A complaint was received by the respondent-Housing Board that the appellant was owning a flat namely K-26, Sector-25, NOIDA under the self-finance housing scheme of Air Force Naval Housing Board and the same was confirmed by the Air Force Naval Housing Board, New Delhi vide its letter dated 10-9-1997. It was also further intimated to the respondent Board that land for the construction of group housing was allotted to it by the NOIDA at a fixed rate as was charged from other group housing societies. At the time of hearing our attention was drawn to para 11 at page 93 of the paper-book, which read as follows :
"Whether you, or your wife/husband or any of your dependent relations including unmarried children is a member of any Co-operative House Building Society which has been allotted land or is registered for allotment of land at reserve/fixed price for construction of Residential House for its members, under any scheme framed/notified by the Government, Urban Development Authority/Housing Board/Improvement Trust/Municipal Committee/Corporations/Notified Area Committee -



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