M.N. Roy, J. - (1.) THE points for determination in both the appeals being the same, although the appellants are different, even though they are related, they are taken up for analogous hearing and consideration, by consent of parties. Both the appeals were directed against the judgment and orders dated 19th May, 1987, passed in C. R. No. 7882 (W) of 1985 and C. R. No. 7883 (W) of 1987 respectively, by a learned Single Judge who was pleased to dismiss the Writ proceedings and discharge the Rules, with a further stipulation that such orders of discharge will not prevent the Writ petitioners of move appropriate Civil Court, for seeking redress and relief in accordance with law. It should be noted that at the time of hearing of the Rules and during the course of hearing, there were interim orders issued and the learned Judge directed such interim order to continue for two months from the date of judgment. We feel that such extension of the interim order was granted to facilitate the Writ petitioners to move the appropriate forum and to obtain necessary orders, if so advised.
(2.) IT was the case of the appellant in F.M.A.No. 855 of 1987, that the Respondent authorities viz., West Bengal Housing Board invited offers from the public, in order to enable them to have allotment of flats proposed to be built at Golf Green Urban Complex, Tollygunge under Phase -IV, on certain terms and conditions, which were contained in a brochure and it was directed that the necessary allotments would be made on the basis of' lottery. A Xerox copy of the brochure was produced by Mr. P. K. Das, the learned Advocate appearing for the appellants and the same contained, inter alia, amongst others that the Board shall, have the right to allot portions of land included in the common areas and the facilities of the Estate on lease hold basis to organisation/institution approved by West Bengal Housing Board/Government (Central, or State) with the concurrence of the Apartment Owners' Association, apart from containing general conditions for the intending applicants for flats/houses/plots under different schemes of the West Bengal Housing Board. The portions of such guidelines which would be relevant for us, on the basis of the submissions as made, as hereunder : - 1. ........... 2. ........... 3. ........... 4. The applicant shall have to furnish documentary evidence such as latest Income -Tax assessment order or tax clearance certificate with salary certificate in proof of his/her income. For those who do not have regular salaried employment and who are below taxable -limit, a. signed affidavit stating the source and amount of his/her income should be furnished. No application will be considered without those certificates. 5. ........... 6. ........... 7. ........... 8. ......... 9. ................................... and the terms and conditions for allotment of the flats were as under : - 1. A............. B. ............ C. ............ D. Every applicant shall furnish with his/her application proof of his/her income (e.g. salary certificate or Income Tax Clearance certificate or those who are below taxable limit signed affidavit showing source and amount of their annual income). Annual income means gross annual income. No application will be considered without such certificate and the procedure for making the allotment was as under : - (i). ............ (ii) ............ (iii) Only one flat will be allotted to one person or to more than one person of the same family applying jointly. Family means husband, wife dependant parents and children. (iv). ............ (v). ............ (iv). ............
(3.) ADMITTEDLY , on or about 4th June, 1980, the appellant in F.M.A. No. 855 of 1987, applied for allotment of flat at the concerned complex Under the West Bengal Housing Board and she has claimed to have paid the requisite amount of Rs.6,000/ -, being 10 per cent of the price of flat which was Rs. 60,000/ - along with her application and she has also claimed to have submitted details of her annual income. Before proceeding with the facts of the appeal, we must also remember that the Housing Scheme and so also the West Bengal Housing Board is framed and formulated under the West Bengal Housing Board Act, 1972 (hereinafter referred to as the said Act) which was enacted to provide for the constitution of a Housing Board for West Bengal and for matters connecting therewith or incidental thereto and since it was also felt to be expedient to provide for the constitution of such Board and for matters connected therewith or incidental thereto.;