- (1.) Validity of a Government Order dated 08.03.2001 imposing a condition to include his/her spouse as a co-owner compulsorily in the conveyance deed to be executed in favour of allottees of a property by U.P. Avas & Vikas Parishad and other Development authorities, is in question in this petition.
(2.) The aforesaid question arises for consideration in the background of the following facts.
(3.) Respondent no. 2-Gorakhpur Development Authority launched a housing scheme known as Vasundhara Enclave Phase-I and invited application for allotment in the prescribed form. The application form required the intending applicant to disclose his name in capital letters and to also disclose the name of his/her wife or husband, as well as of the father. Petitioner also made an application dated 23.02.2015 for allotment of a MIG flat in the said housing scheme in the prescribed format disclosing all the requisite information, as required therein. The petitioner was seeking allotment of the flat solely in his name. After processing of the application, he was allotted Flat No. 103 in Block No. 16. Petitioner availed a housing loan from the State Bank of India and deposited all the regular instalments. After deposit of the entire instalments, petitioner also obtained a No Objection Certificate and made a request for execution of the sale deed. However, respondent no. 2 refused to execute the sale deed insisting that his wife has to be necessarily joined as a co-owner in the conveyance deed. Petitioner thereafter made an application dated 22.06.2017 before the Vice Chairman of the Development Authority informing that he has paid all the instalments due towards the flat allotted to him and since the relations with his wife are estranged and a divorce petition No. 90 of 2015 is pending between them before the Family Court, Gorakhpur, as such, the conveyance deed has to be executed exclusively in his name. Vide letter dated 24.06.2017, respondent no. 3 informed the petitioner that in view of the Government Order dated 8th March, 2001, it is imperative that the conveyance deed in favour of the allottees of the U.P. Avas & Vikas Parishad and different Development Authorities has to be executed jointly with the spouse and unless there has been a divorce, the sale deed cannot be executed in the exclusive name of the petitioner.;