CHANDIGARH HOUSING BOARD versus AVTAR SINGH AND ANR.

CHANDIGARH HOUSING BOARD versus AVTAR SINGH AND ANR.

When both spouses apply for allotment, cancellation is justified by Regulation 6, but the Board should only forfeit half the deposit as the facts did not amount to full fraud or malpractice.

Parties
Appellant: Chandigarh Housing Board; Respondent: Avtar Singh; Respondent: Kuldip Kaur
Jurisdiction
India
Judgment Date
07 August 1995
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Allotment of Flats, Eligibility Criteria, Forfeiture of Deposit, Regulation Interpretation
Housing Law Allotment of Flats Eligibility Criteria Forfeiture of Deposit Regulation Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Chandigarh Housing Board

Appellant

Avtar Singh

Respondent

Kuldip Kaur

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether Regulation 6 prohibits separate allotment to both spouses.
  2. 2 Whether forfeiture of the deposit amount is justified under the Regulations.

Ratio Decidendi

When both spouses apply for allotment, cancellation is justified by Regulation 6, but the Board should only forfeit half the deposit as the facts did not amount to full fraud or malpractice.

Court Disposition

Appeal allowed

Orders

  • The appellant-Board is justified in forfeiting half of the amount deposited by the 1st respondent.
  • The balance amount may be adjusted towards the amount payable by his wife, if not already paid.