M.M.KUMAR, J. - (1.) The petitioner is aggrieved by the show-cause-notice dated 23.05.2008 sent by the Chief Revenue Officer, Housing Board, Haryana, respondent No. 3 regarding showing cause as to why allotment of Lower Income Group (LIG) Flat in the Housing Board Colony, Dharuhera be not cancelled (Annexure P-4). A further prayer for issuance of direction to the respondents prohibiting them from cancelling the allotment of Flat which he is legally entitled to retain, has also been made.
(2.) BRIEF facts of the case are that the Housing Board, respondent No. 2 invited applications for allotment of different categories of Flats situated at Dharuhera, Sector 6 (Part-II) apart from other places. The categorization of plots was made on the basis of income of the applicants. For allotment of LIG Flats (Ground floor and First floor), the brochure stipulated that an applicant is required to have monthly income of Rs. 2,501/- to 5,500/- and for MIG Flats (Ground floor and First floor) the income was fixed for Rs. 5,501/- to 10,000/-. The petitioner had filed application in respect of LIG Flats in the draw of lots held on 30.01.2008. He succeeded and was allotted a Flat in Sector 6 (Part-II), Dharuhera. On 14.02.2008, intimation in that regard was given to the petitioner by Oriental Bank of Commerce, Panchkula and the Housing Board also sent a letter dated 29.02.2008 confirming the allotment of LIG Flat in Sector 6 (Part-II), Dharuhera to the petitioner. According to the intimation sent by the Housing Board on 29.02.2008 (Annexure P-2), it was expressly required by the petitioner to disclose his monthly income at the time of registration in the month of June, 2007 (Gross income of the family viz., of an individual, spouse, dependent relatives including unmarried minor children from all sources). It is appropriate to mention that applicant had applied under the reserved category. The petitioner had deposited the installment for his Flat on 24.03.2008. However, on 23.05.2008, a show cause notice was issued to him alleging that his family income was Rs. 5,717/- p.m. and he was not eligible to apply for allotment of a Flat in LIG category. The petitioner had submitted his salary certificate dated 27.04.2005 alongwith his application form clearly showing that he was withdrawing gross salary of Rs. 5,717/- and the net salary claimed was Rs. 4,712/-. He has further claimed that in whole State of Haryana there was no employee who was withdrawing salary lesser than 5,717/- .
(3.) THE petitioner has asserted that he has truly disclosed all the facts. The cancellation of plot would be unwarranted.;