Cwp No.15199 of 2012 Vs. the Administrator Ut Chandigarh and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1072470
CourtPunjab and Haryana High Court
Decided OnFeb-15-2013
AppellantCwp No.15199 of 2012
RespondentThe Administrator Ut Chandigarh and Another
Excerpt:
cwp no.15199 o”1. in the high court of punjab & haryana at chandigarh. cwp no.15199 of 2012 date of decision:15.2.2013 banta ram ..petitioner versus the administrator, ut, chandigarh, and another ..respondents coram: hon'ble mr.justice satish kumar mittal. hon'ble mr.justice amol rattan singh. present: mr.ravi sharma, advocate, for the petitioner. mr.sanjay kaushal, advocate, for the respondents..satish kumar mittal, j. (oral) the petitioner had suffered 100% disability in 1965 indo pak war. he lost both of his arms and consequently, he was discharged from the army being invalidated soldier. in the year 2000, the chandigarh housing board floated a special housing scheme for allotment of 109 built up ews, lig and mig flats under the discretionary quota of the administrator, ut, chandigarh, for allotment to the war widows etc.and persons who have suffered 50% or more disability in the war. the petitioner applied in the said category for allotment of a mig flat and deposited rs.30,000/- by way of demand draft. though the petitioner was successful in the draw of lots but the flat was not allotted to him being not available as one gobind parkash, who had applied for lig flat, was permitted by the respondents to change his category from lig to mig. then the petitioner approached this court by filing cwp no.17752 of 2011, which was disposed of by this court vide order dated 1.11.2011 directing the respondents to allot one mig flat to the cwp no.15199 o”2. petitioner on following conditions:- “i) the petitioner shall be liable to pay the price of the flat offered to him as per the 2005 scheme. no interest shall be charged from the petitioner upto the date of issuance of allotment letter and handing over the possession of the dwelling unit. ii) the petitioner shall be entitled to inspect all the five dwelling units offered by the respondents and the petitioner shall be at liberty to choose one of the dwelling units, which shall be allotted to him, within a period of one week thereafter.” in pursuance of the said directions, the respondents allotted mig flat no.2849, sector 49, chandigarh, to the petitioner vide allotment letter dated 15.3.2012, at a price of rs.31,50,000/-. it is undisputed fact that the petitioner had deposited the said amount on different dates, i.e., rs.15,00,000/- on 4.5.2012, rs.9,00,000/- on 1.8.2012, rs.5,00,000/- on 1.1.2013 and rs.2,20,000/- on 11.2.2013. but the respondents did not hand over the possession of the said flat to the petitioner on the plea that the petitioner has not paid interest as per conditions of allotment letter. hence,the writ petition. as stated by counsel for the petitioner that the petitioner could not get the loan from any bank, therefore, he had to arrange the said amount and deposited the same on different dates, as mentioned above. in spite of that, no possession has been delivered to the petitioner. petitioner has approached this court again because the respondents have demanded the cwp no.15199 o”3. interest on the delayed payment, which has been mentioned in the allotment letter. it is unfortunate that in spite of clear directions given by this court that no interest shall be charged from the petitioner upto the date of issuance of allotment letter and handing over the possession of the dwelling unit, the respondents have charged the interest in clever manner by imposing the condition in the allotment letter without mentioning that the said amount is on account of interest. we are pained to note that the administration has arbitrarily dealt with the petitioner, a war hero, without realizing that he lost his both arms during the war. in our view, in view of the clear directions of this court, the petitioner was not liable to pay interest before delivery of possession. undoubtedly, till date possession has not been handed over to the petitioner. after hearing the learned counsel for the parties and going through their respective statements, we found that respondents have arbitrarily denied the possession to the petitioner in spite of making payment of the entire sale price. in view of the above facts, since the petitioner has made all the payment, as mentioned above, the respondents are directed to hand over possession of the flat to him forthwith. the writ petition is allowed with costs of rs.25,000/-. ( satish kumar mittal) judge 15 2.2013 ( amol rattan singh ) pk judge
Judgment:

CWP No.15199 o”

1. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

CWP No.15199 of 2012 Date of decision:15.2.2013 Banta Ram ..Petitioner versus The Administrator, UT, Chandigarh, and another ..Respondents CORAM: HON'BLE Mr.JUSTICE SATISH KUMAR MITTAL.

HON'BLE Mr.JUSTICE AMOL RATTAN SINGH.

Present: Mr.Ravi Sharma, Advocate, for the petitioner.

Mr.Sanjay Kaushal, Advocate, for the respondents..SATISH KUMAR MITTAL, J.

(Oral) The petitioner had suffered 100% disability in 1965 Indo Pak War.

He lost both of his arms and consequently, he was discharged from the Army being invalidated soldier.

In the year 2000, the Chandigarh Housing Board floated a special housing scheme for allotment of 109 built up EWS, LIG and MIG flats under the discretionary quota of the Administrator, UT, Chandigarh, for allotment to the war widows etc.and persons who have suffered 50% or more disability in the war.

The petitioner applied in the said category for allotment of a MIG flat and deposited Rs.30,000/- by way of demand draft.

Though the petitioner was successful in the draw of lots but the flat was not allotted to him being not available as one Gobind Parkash, who had applied for LIG flat, was permitted by the respondents to change his category from LIG to MIG.

Then the petitioner approached this court by filing CWP No.17752 of 2011, which was disposed of by this court vide order dated 1.11.2011 directing the respondents to allot one MIG flat to the CWP No.15199 o”

2. petitioner on following conditions:- “i) The petitioner shall be liable to pay the price of the flat offered to him as per the 2005 scheme.

No interest shall be charged from the petitioner upto the date of issuance of allotment letter and handing over the possession of the dwelling unit.

ii) The petitioner shall be entitled to inspect all the five dwelling units offered by the respondents and the petitioner shall be at liberty to choose one of the dwelling units, which shall be allotted to him, within a period of one week thereafter.”

In pursuance of the said directions, the respondents allotted MIG Flat No.2849, Sector 49, Chandigarh, to the petitioner vide allotment letter dated 15.3.2012, at a price of Rs.31,50,000/-.

It is undisputed fact that the petitioner had deposited the said amount on different dates, i.e., Rs.15,00,000/- on 4.5.2012, Rs.9,00,000/- on 1.8.2012, Rs.5,00,000/- on 1.1.2013 and Rs.2,20,000/- on 11.2.2013.

But the respondents did not hand over the possession of the said flat to the petitioner on the plea that the petitioner has not paid interest as per conditions of allotment letter.

Hence,the writ petition.

As stated by counsel for the petitioner that the petitioner could not get the loan from any bank, therefore, he had to arrange the said amount and deposited the same on different dates, as mentioned above.

In spite of that, no possession has been delivered to the petitioner.

Petitioner has approached this court again because the respondents have demanded the CWP No.15199 o”

3. interest on the delayed payment, which has been mentioned in the allotment letter.

It is unfortunate that in spite of clear directions given by this court that no interest shall be charged from the petitioner upto the date of issuance of allotment letter and handing over the possession of the dwelling unit, the respondents have charged the interest in clever manner by imposing the condition in the allotment letter without mentioning that the said amount is on account of interest.

We are pained to note that the Administration has arbitrarily dealt with the petitioner, a war hero, without realizing that he lost his both arms during the war.

In our view, in view of the clear directions of this court, the petitioner was not liable to pay interest before delivery of possession.

Undoubtedly, till date possession has not been handed over to the petitioner.

After hearing the learned counsel for the parties and going through their respective statements, we found that respondents have arbitrarily denied the possession to the petitioner in spite of making payment of the entire sale price.

In view of the above facts, since the petitioner has made all the payment, as mentioned above, the respondents are directed to hand over possession of the flat to him forthwith.

The writ petition is allowed with costs of Rs.25,000/-.

( SATISH KUMAR MITTAL) JUDGE 15 2.2013 ( AMOL RATTAN SINGH ) pk JUDGE