Unless otl1erwiscprovidcd or specified bytlleI3Qard,oil'loftlictOtal number ofdwelling unitslllats, the reser· vation.infavdUfpftneapplica\itssha!lbe t~ theext~ntof-. ., .'
(I) 12-' I.p,er eChtoftoUtldweUlng units/flats 111 each category In hlvour of applieal1tsb~fqrlgiN!:tO.s~hf9~'ledeastesand scheduled tribes I [as notified for the Union Territot'yof(]handiglir~l; .'. i , 2{(ii) 5 pereeilt of thctotalnumber of dwePing units in favour of serving Defence Personnel and the Pensioners/rami Iy Pensioners ofthe Defence Forces;]
(iii) 5 percent in favour the l[other Backward Classes] as arc notitied or specified by the 1[Chand igarhAdministration] ;
(iv) 5 percent of the employees of the Punjab and Haryana Governments and the U.T. Administration and Corporation and Boards of the U:1'. Adlllinistn; tion who have retired or who may retire within three years I [from the date of opening of the Scheme] ;
[ ~ [(v) 3 per cent in favollr ofthe "Persons with Disability" as defined in"Th" Persons with Disability(Equal Opportunities, Protection of Rights and Full Par ticipation) Act, 1995 as certified by the Disability Board constituted for the pur pose by the Chandigarh Administration.]
5[Provided that ifsufficient applications are not forthcoming froll1 any oftbe reserved categories mentioned above another attempt shall be made to invite np plieations from the aforesaid categories of persons and if on second attempt sufficient applications are not forth coming the halfofthe reserved dwelling unit/flats shall be allotted to the applicants in the general category.]
COMMENTARY .
Allotment ofH.I.G houses - Discrimination - The Housing Board allotted houses in favour of some officers and ignored the petitioner who was similarl:, .
situated _ Order wholly unjustified - Shri L.R. Roojam, pes. Judicial Sub· Divisional Magistrate v. Shri K. Banarji, Chief CommissiOllel; 1985 iLR.R.
220 Allotment _ Classification - Provision of Chandigarh Housing Board Regulations 1979 have been challenged by petitioner with the pica thilt these regulations reserving J00% allotment of dwelling unit to employees of UT Chandigarh are in violation of Article 14 of the constitution - C!assJic;:tion of applicants for allotment is totally in violation ofconstitutional provisions as held in Deepak Sibbal's case AI R 1989 SC 903 - Contention is without merit - There are 5744 employees in ChandigarhAdministration comprising diiferent categories A, B, C & D _They have no house of their own in Chandigarh, Panchkula or Mohali -They have been raising their voice for allotment since long -Administration have floated 5 different schemes for general public - There is no violatioll af any provision ofConstitution - Said authority cited above is distinguishable - Petition dismissed - Ani! Kumar v.u. T Chandigarh, 2008(2) HRR S8 D.B.
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CHAPTER III PROCEDURE FOR DISPOSAL OF PROPERTY . .is.Issue ofPublic Notice_.- Th~ Chairman or the officer authorised by him 111 tl:1S be~lalf,.shall ~aus.e a pl1bll~ n~tlce.to be issued; in at Ica~t two newspapers ha~l11g wlde.elr~ul~~lon III tl~e U.mon femtory, Chandlgarh and 111 the manner pre senbed by hll11 111V It Il1g appltcatlOns for the allotment of property.
*** . 19. Form ofApplication. - (1) The application shall be made in the pre scnbed form to the Chairman, Chandigarh HOllsing Board.
(2) All applications received shall be entered serially in the application register.
. 20. AJ1.(~lication to be acknowledged. - The person receiving the appli cation shall give an acknowledgement ofthe application.
'. 21. Rejection ofinvalid application. - An application which is incomplete 111 any res~ect shall be r?turne~ to the ~pplica'nt. and he shall be ~sk.ed to rectify the def~ets P?ll1ted ?ut ~o hun and lfhe fatls to rectify the defects wlthll1 the stipulated penod, his application thereafter shall not be entertained.
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22. Constitution of Property Allotment Committee. - The Board shall fo; the purpose ofallotment ofproperty under these regulations constitute a eom 11llttee to be called the Property Allotment Committee consisting ofnot more than five members of whom one shall be appointed as a Chairman.
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23. Scrutiny ojApplications. - The committee shall determine which ofthe applicants arc eligible for allotment and the decision of the committee in this re gard sl~all subje~t to an appeal to the Board within thirty days ofthe decision ofthe commIttee, be hnal.
Chandigarh Housing [)oard ~AlIotment, Management and Salc of1enements) Regulations ·1979 noshbW cau$eno,ti~c.\Vasgiven for cancellation as post decisional hearing ~ould n()tmqetc~~s ofJu~tlce and (v)Where the bonafide purchaser for consideration fr.Op1,,{lJPi,Pt;l~ju~laIJ,otlcP\Y<l:S protected by Sec. 410fT. P·A.ct.
.....;f!&'l«furtller,that Courts always have control over arbitrary acts Of Execu tJx(?~.~l\ih11t1ft'thecxcc~tivea.uthority is required todischargeltsJunetionin.good tal.lhan:tl 'falrlyahdnot)11 arbitrary way. Unchecked Power is alien to ruleoflaw ~J;:J{. Dassv. SfateojHaryana, 1988 PLJ 123 = 1988(1) PLRA30 =1988imR
370. ......•..... \" .
P.~Wcr Ofi'csumption - C?nstitutional Powcr- Nb eOllstitutiohalinvalidity can belmputed to power of resumption under the Act. Theveryeonceptofa planned urb:m development is now a well recognised social norm of a welfare State. S:ha\l~nged to eons~itutionality ofprovisions ofAct on the basis o'rprinciples enunciated III Olga Tells case AIR 1986 S.C. 180 cannot be sustained - Surat Singh v. State oj Haryana, 1990 PU 126.
Power of resumption - Weapon of last resort - Where construction of building was to be started within two years as precondition of allotment letter. The allo~tee could not start construction within the stipulated period as the actual pos session ?f the plot was not delivered to him by the authorities. Held, order of ~cSl\mpttollOl.l the ground offailure to ?onstruet the building within the said period IS .wholly arbltr~ry. Power ofresut,TIptlon must be used as a weapon of last resort with great caution by the authonty under the Act - D.N. Kajriwal v. State of Haryana, 1987 PU 532.
*** 544 Chandigarh Housing Board (Allotment, Management and Sale ofTenements) Regulations, 1979 1[26. Discretionary allotments. - The Administrator, may in his diseretion allot 5% of the total number ofdwelling units/llats under any seheme to any per son:
Provided that the allotments of flats/dwelling units under the discretionary quota, shall be made only to the persons falling undcr anyone of the following ~ a,egories and who fulfil the eligibility criteria laid down in regulation f), namely:
(i) War widows and widows of defence services personnel/para military/ police personnel killed in counter insurgency operation and border ine:dents.
(ii) Persons who have suffered 50% or more disability in war, counter insurgency or counter terrorism operations anywhere in India.
(iii) Widows of victims ofterrorism. .
(iv) Persons who have performed acts of heroism to save human lives.
(v) Gallantry award winncrs and persons who have distinguished themselves in any field such as sports, social welfare, education and academics or fine arts at the national level.] ,'" ***