- (1.) Petitioner has filed the present writ petition challenging the order dated 16.3.2006 (Annexure P-3), whereby allotment of a dwelling unit No.131, Sector 56, Palsora Colony, Chandigarh to the petitioner was cancelled and the amount deposited by him has been ordered to be forfeited for having violated the terms and conditions of the allotment letter. Petitioner has also challenged the order 2.9.2011 (Annexure P-5), dismissing the appeal against order dated 16.3.2006 and also the order dated 17.7.2013 (Annexure P-5) whereby revision petition against order dated 2.9.2011 passed by the Chandigarh Housing Board was dismissed.
(2.) Briefly stated, the petitioner was allotted a small dwelling unit No.131, Sector 56, Palsora Colony, Chandigarh vide allotment letter No.1566 dated 30.9.1994 as a result of draw of lots held on 27.8.1994. Possession of the said unit was handed over to the petitioner on 16.11.1994 under the Dr. Ambedkar Awas Yojna. The allotment of the dwelling unit was on hirepurchase basis and was governed by the provisions of Haryana Housing Board Act, 1971, as applicable to the Union Territory, Chandigarh.
(3.) It has been submitted that respondent no.4 vide letter dated 12.1.2006 issued a show cause notice to the petitioner for cancellation of allotment of the dwelling unit on account of certain breach of terms and conditions of the allotment letter. Pursuant to the said show cause notice, the petitioner appeared before respondent no.4 and pleaded that the show cause notice was illegal and arbitrary, as similarly situated allottees have also raised construction on their dwelling units, which are need-based changes. However, vide letter dated 16.3.2006 (Annexure P-3), the dwelling unit allotted to the petitioner was cancelled and the amount deposited by him was forfeited in terms of the provisions of Clause 19 and 21 of the allotment letter and also the provision of Regulation 17 of the Chandigarh Houisng Board (Allotment, Management and Sale of Tenements) Regulations, 1979 for having committed breach of terms and conditions of the allotment letter. Against order dated 16.3.2006, petitioner filed an appeal before respondent no.2. However, as the petitioner failed to remove the building violations, the appeal was dismissed by respondent no.2 vide order dated 2.9.2011. The petitioner further agitated the order dated 2.9.2011 by way of Revision Petition No.05 of 2012. During the pendency of the revision petition, interim orders were passed and the petitioner was provided opportunity to remove the violations existing at the site, but the petitioner failed to remove such violations. Even during the course of arguments, the petitioner was asked to remove the violations but he showed his inability to remove such violations and accordingly, the revision petition was also dismissed, being without any merit, vide order dated 17.7.2013 (Annexure P-6). Through the present writ petition, the petitioner has challenged the aforesaid orders i.e. the order of cancellation of tenement, order passed in appeal and the order passed in revision petition.;