The Board or any person aggrieved by a decision of the Tribunal may within three months from thedatenf the, decision or such further time as Mm High Court may for sufficient cause allow, appeal to the High Court and the High Court shall pass such orders on the appeal as it thinks fit.
CHAPTER VI Power to Evict Persons from Board Premises
51. Power to evict persons from Board Premises- - (1) if the competent authority is satisfied,—
(a) that the person authorised to occupy any Board premises has—
(i) not paid rent lawfully due from him in respect of such premises for a period of more than two months J or (II) sublet, without the permission ofthe Board the whole or any part of such premises ; or (Hi) Otherwise acted in contravention of any nf the terms, expre.<tsed or Implied, under which he is authorised to occupy such premises ;
ur
(b) that any person is in unauthorised occupation of any Board premises:
the competent authority may, nutwithstandinganything contained In any law for the time beiuy in force, by nutioe served by post or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or In such other manner as may be prescribed, order that the person as well as any other person wliu may be in occupation of the whole or any part ofthe premises, shall vacate them within out: month from the date ofthe service ofthe notice:
Provided that no such Order shall be passed unless the person has been afforded an opportunity to show cause why such order should nut, be made.
5 12 Havana [lousing Doard Act, 1911 (as extended to Chandigarh)
(2) IFany person iftCusps or fails to comply with an order made under sub section (I.), the competent authurily may evict the person from, and take posses sion of the premises and may Tor that purpose use Such force as may be neces sary.
(3) If a person, who has been ordered to vacate any premises under sub clause (1) or sub-clause (HI) of clause (a) of SUb-seotion (1), within thirty days of the date of service of the notice n( snd i longer time as the competent authority may allow, pays to the Board the rent in arrears or carries out or otherwise com plies with the terms contravened by him to the satisfaction ot the competent au thority, as the case may be, the competent authority shall, in lieu of evicting auch person under subsect ion (2), coned its order made under sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him C O M M E N T A R Y Allo tment - Housing Buurd - Eviction - Entire payment was made for allotment of house including mf«iest- Prescribed date forpayment was 30 3 1US2 - Only minor amount (Ks. HOW- only) was deposited after d.c said date - Col lector passed an order of eviction against petitioner under Section 51 of Haryana Hous ing Board Act for not depositing (he entire amount before the proscribed date - Order of eviotion not legally sustainable - Petitioner was neither in unauthorised possession nor he had defaulted in payment of rent etc. but he was an owner of die shop when order of ejectment was passed against her - Petition accepted - Raj Kumar V. Housing Board Haryana, 2004(1) H.R.R. 380 Cancellat ion of house iiilutmunt - Discretionary powers- Petitioner (oricirial allottee) depositing Rs. 10,000/- wiUiin the stipulated period in pursuance oTa loner issued by the Chairman of the Housing Roard Haryana. Payment for addi tional amenities also agreed to be made - Acceptance thereof by the Hoard also made - Housing Roard communicating a letter to the new allottee of the house in dispute informing hiin to take the possession thereof- No opportunity of the hear nig given to the original allottee - Order of the Housing Board liable to he set aside - Order quashed - Sumer Chant/ Bhatt v. The Housing Board Haryana 1984 Misuser -The petitioner was allotted a dwelling unit in Maloya colony under Economical Weaker Section Scheme - He raised unauthorized construction in front of his house On Government land and Started a Karyana shop (herein - Authorities:
concerned cancelled the allotment and forfeited the deposited amount - Before cancellation of allotment many notices were served on him but the same weren't responded- to - Petitions filed by him were dismissed as time barred giving rise to pr&sent writ petition The order of eviction was [WSsed in 2002 whereas petition was tiled in 2007 - Moreover he did not make any attempt to remove the violation even during pendency of proceedings No relief can be given to petitioner for his Callous ?oJ> " Petition dismissed - Sura) v. Union Territory. Chandigarh, 2008(1) MRR ^ • • ' " * * * * * S?,* Power to recover '{rent, loan] or damages as arrears of land revenue. -
(1) Subject to any rules made by the "[Administrator] in thisbchalfand without prejudice to the provisions of section 51 , where any person is in arrears of rent payable in respect of any Bnnrd prcmi3C3 ^ o r arrears of instalments payable in • Sub3lflutcd by Chd. Aditm. Gaz. Nutificntinn daicd 13J-197*5 at papa 31*35
1. Substituted by Hr.ActNo. 10 or 19SP ss extended to Uituidigarh published on 2-1-1991
2. Jusertnri tiy Hr.ActNo. 10 Of I98f ns extended lv Churidj>.fii-h published OJI 2-4-1991 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 5 13 respect of any Joan advanced by the Board for construction, reconstruction or repair of a house] the competent authority may, by notice served by punt or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed, order that person to pay the same within such time not being less than thirty days as may be specified in the notice. If such person refuses or fails to pay the arrears of rent 2[or the arrears of instalment of loan] within the time specified in the notice, such arrears may be recovered as arrears of land revenue.
(2) Where any person is in unauthorised occupation of any Board premises, the. competent authority may, in the prescribed manner, assess such damages on account ofthe use and occupation ofthe premises as it may deem fit, and may by notice served by posts, or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed, order that person to pay the damages within such time not being less than thirty days as may be specified in the notice. If any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered from him as arrears of land revenue.
C O M IVIKNTARY Arrest and recovery of loan - Where the terms of agreements make it clear that the Government has first to proceed against the property mortgaged and sell the property in oase the House Building Society loan is not paid by the loanee - It was held that the Government being bound by the terms ofthe agree ment, has first to proceed against the mortgaged property - The amount could not be recovered by arrest of the members ofthe Society in the first instance - State of Punjab v Dharam Singh, AIR 1985 S.C. 1751 Auction of the site — Deduction - Petitioner failed to deposit balance 6QVa amount and surrendered the plot — Housing Board refunded the deposited amount after deducting 10% amount as per terms of auction of site — Deduction is justifiedI - Hem Raj Housing Board Haryana, 2014(1) H.L.R. 283 D.B.
Injunction Against recovery - The order of fixing liability was passed in violation of principle of natural justice - The party affected was not provided proper opportunity of hearing before passing the Impugned order - Order held to be void - Civil Court can grant injunction against the recovery - M/s. K.K. Indus tries v. Union of India and others, 1988 PLJ 588.
Recovery of a r rears as land revenue - There are eight steps postulated under Section 67 of the Punjab Land Revenue Act, under sub-heads (a) to (h)and arrest and detention ofthe person of defaulter is one step - Where the petitioner's husband, obviously in arrears of House Building Society, was straightaway put to arrest and detention without resorting to other steps envisaged under Section 67 ofthe Act, the order of detention was set aside by the Division Bench of the Punjab and Haryana High Court - It was held that arrest and detention of a per son, in such cases, should be the last resort and arrears should be recovered firstly by other means of recovery under the Punjab Land Revenue Act - Gomti Devi v.
Kalka Co-operative House Building Society, 1988 P.L.J. 416 (D.B.) = 1989
(2) Rev. L.R. 296.
A A A S3. Rent to be recovered by deduction from salary or wages In certain cases. - (I) Without prejudice to the provisions of section 51 any person, who is an employee ofthe "fAdministrator] or a local authority and.who has been allotted * Substituted by Chd. Admn. Gaz. Notification dated 13-3-1975 at page 34-35 514 Maryana Housing Board Act. 197 L (us extended to Chandigarh) any Board premises, may execute an agreement in favour of the "[Administrator] providing that the '[Administrator] ftr the local authority, as the case may be, under or by whom he is employed, shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the Rnard in satisfaction of the rent due (torn him in respect of the Board premises allotted to him.
(2) On the execution of such agreement, the '[Administrator] or local au thority, as the case may be. shall, ifso required by the Doard by requisition in writing make the deduction of the amount specified in the requisition from the salary or wages of the employees specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board.
ir53-A. Penalty- - ( I) If any amount due under the Act or the rules made there under is not paid by any person in compliance with the orders of the compe tent authority, such authority may, after Riving such person an opportunity of being heard, impose upon him a penalty not exceeding twenty five per cent of the amount due, if it has reason to believe that the person liable to pay the amount has willfully failed to pay the some.
(2) If the penalty imposed under sub-section (1) is not paid within a period of thirty days the same shall be recoverable as arrears of land revenue].