S.C.AGRAWAL, J. - (1.) THE Rajasthan Housing; Board Act, 1970 was enacted by the Rajasthan State Legislature to provide for measure to be taken to deal with and satisfy the need of housing accommodation in the State of Rajasthan The Rajasthan Homing Board, (hereinafter referred to as the 'Board') respondent herein, is a Board established under Section 4 of the said Act, In exercise of powers conferred on it, under the aforesaid Act, the Board constructs houses of various types which are allotted to applicants who are divided into various categories on the basis of their annual income. In 1977 the Board issued a scheme (hereinafter referred to as the 'Registration Scheme') whereby it invited applications for registration for allotment of houses. Under the Registration Scheme, the applicants were divided on the basis of income In the following categories and different registration fees were prescribed for registration of applications falling in the various categories: Income Group Annual Income Registration FeeJanta Upto Rs. 2400/ - 100/ -Economically WeakerSection 2401/ - to 4200/ - 500/ -Lower Income Group 4201/ - to 7200/ - 2500/ -Middle Income Group 7201/ - to 18000/ - 5000/ -High Income Group Above Rs. 18000/ - 10000/ -
(2.) IN paragraph 6 of the Registration Scheme, the size and accommodation provided in the various types of houses, that were being constructed at that time were given and the types of houses which were available for allotment to the applicants belonging? to the different categories were mentioned against each category. The types of houses which were mentioned against the Economically Weaker Section, Lower Income Group, Middle Income Group were as under: Income group Types of housesEconomically Weaker Section Gh -1 (13'x38')J -2 (18'x38') J -3 (20'x38') A -1 (20'x50')Lower Income Group J -2 (18'x38s)J -3(20'x38')A -1 (20'x50')A -2 (25'x50')M -1 (30'x60')Middle Income Group A -2 (25'x50')M -1 (30'x60') M -2 (40'x60') U -1 (40'x90') In paragraph 6 of the Registration Scheme, it was also stated that the particulars with regard to the sizes and places etc. were in respect of the houses which had been constructed at that time and that the same could change for houses available for allotment to the applicants who had got themselves registered under the Registration Scheme and that full particulars about the same would for given in the booklet which will be issued at the time when applications for allotment are invited. In paragraph 7 of the Registration Scheme, it was also laid down that the conditions laid down in the Scheme would ordinarily foe followed but if it became necessary, the Board would be entitled to alter the conditions and after the said alteration, the earlier conditions would cease to be applicable. The Registration Scheme was operative from 15th July, 1977 to 15th October, 1977. Shri Jyoti Prakash, the petitioner herein, got himself registered as an applicant falling in the economically weaker section, being in the income group of Rs. 240l/ - to 4200/ -, and he deposited a sum of Rs. 500/vide challan No. 2001 dated 7th October, 1977 by way of registration fee It appears that subsequent to his having got himself registered as an applicant, there was increase in the income of the petitioner, as a result of which he became eligible for being registered in the Lower Income Group category (Rs. 4201/ -to 7200/ -).the petitioner got himself enrolled in the Lower Income Group and on 17th October 1978, he deposited an additional sum of Rs. 2000/ towards the registration fee prescribed for that category. By certificate dated 17th November, 1978, the name of the petitioner was registered in the Lower Income Group. In December, 1978, the Board issued a Scheme (hereinafter referred to as the 'Allotment Scheme') whereby applications for allotment of houses were invited in the prescribed form amongst the applicants, who had got themselves registered under the various registration schemes issued by the Board from 1971 onwards including the Registration Scheme of 1977. In the Allotment Scheme it is provided that persons who had got themselves registered in the Lower Income Group category under the registration schemes of 1973, 1974, 1976 and 1977 would be mantled to apply for allotment of J 3, A -1 and A 2 types of houses and M -I type of house would be available for allotment only for the applicants who had got themselves registered in the middle income group category (i.e. Rs. 7201/to 18 000/ -). The petitioner submitted an application, in the prescribed form, for allotment of a M -1 type house in the Chopasani Housing Scheme at Jodhpur but his application was rejected and he was declared as ineligible for the allotment of said type of houses. Aggrieved by the aforesaid Allotment Scheme and the order of the Board declaring him ineligible for allotment of M -1 type of house, the petitioner has filed this writ petition under Article 226 of the Constitution wherein he has prayed for the issue of an appropriate writ declaring that the petitioner is entitled to the allotment of a house from amongst the type of houses mentioned in the Registration Scheme of 1977 as against the applicants falling in the Lower Income Group. In other words, the petitioner claims that he is entitled to apply for allotment of M -l type house to which he was entitled under the Registration Scheme but which is not longer available to him under the Allotment Scheme.
(3.) IN support of this writ petition, the learned Counsel for the petitioner has raised the following contentions: (1) By getting himself registered under the Registration Scheme, the petitioner had acquired the right to be allotted M -I type of house and that right of the petitioner could not be taken away by the subsequent scheme framed by the Board in as much as under the Act, the Board has no power to frame regulations or scheme with retrospective effect. (ii) The Board, by inviting applications for registration on the basis of the Registration Scheme, had made a representation to the petitioner that he would be entitled to allotment of M 1 type of house and acting on the basis of that representation, the petitioner had altered his position to detriment by depositing the registration fees, and that in view of the principle of promissory estoppel the board cannot deny the right of the petitioner to be allotted M -l type of house in accordance with the Registration Scheme. (iii) In the exercise of the powers conferred on it under the Act, the Board must act reasonably and that in depriving the petitioner and other applicants, who had got themselves registered in the lower income group under the Registration Scheme, of their right to be allotted M -1 type houses, the Board has acted arbitrarily and unreasonably.;