CHANDIGARH HOUSING BOARD versus DEVINDER SINGH AND ANR.

CHANDIGARH HOUSING BOARD versus DEVINDER SINGH AND ANR.

The restriction in Regulation 6 of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, applies only to acquisition of property through specifically mentioned government agencies and does not extend to property acquired through cooperative societies. The eligibility condition must be strictly construed; respondents' allotment through a cooperative society does not fall within the restriction, and cancellation is not permissible.

Parties
Appellant: Chandigarh Housing Board; Respondents: Devinder Singh and Anr.
Jurisdiction
India
Judgment Date
14 March 2007
Procedural Posture
Civil Appeal / Supreme Court Appeal From Judgment and Order Dated 25.02.2000 of the High Court of Punjab & Haryana at Chandigarh in C.w.p. No. 7070 of 1998
Outcome
Appeal dismissed
Legal Topics
Allotment of Housing Plots, Interpretation of Statutory Eligibility Conditions, Acquisition of Property Through Cooperative Societies, Principles of Statutory Interpretation
Administrative Law Property Law Constitutional Law Allotment of Housing Plots Interpretation of Statutory Eligibility Conditions Acquisition of Property Through Cooperative Societies Principles of Statutory Interpretation

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Parties

Chandigarh Housing Board

Appellant

Devinder Singh and Anr.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Judgment and Order Dated 25.02.2000 of the High Court of Punjab & Haryana at Chandigarh in C.w.p. No. 7070 of 1998

Legal Issues

  1. 1 Whether membership or allotment through a cooperative society disentitles allottee from housing board allotment under Regulation 6 of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979.
  2. 2 Whether the restriction on eligibility for allotment applies only to acquisition through specified government agencies, not co-operative societies.

Ratio Decidendi

The restriction in Regulation 6 of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, applies only to acquisition of property through specifically mentioned government agencies and does not extend to property acquired through cooperative societies. The eligibility condition must be strictly construed; respondents' allotment through a cooperative society does not fall within the restriction, and cancellation is not permissible.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court judgment upheld.