CHANDIGARH HOUSING BOARD AND ANR. versus GURMIT SINGH

CHANDIGARH HOUSING BOARD AND ANR. versus GURMIT SINGH

Where an applicant claims eligibility for allotment of a flat specifically as a domicile of Union Territory of Chandigarh and fails to provide documentary proof thereof, the applicant cannot rely retrospectively on the alternative eligibility of bonafide residence; the Board is justified in cancelling allotment under these circumstances.

Parties
Appellant: Chandigarh Housing Board; Respondent: Gurmit Singh
Jurisdiction
India
Judgment Date
09 January 2002
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Housing Board Regulations, Allotment Eligibility, Meaning of Domicile, Cancellation of Allotment
Administrative Law Property Law Housing Board Regulations Allotment Eligibility Meaning of Domicile Cancellation of Allotment

Case Brief

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Parties

Chandigarh Housing Board

Appellant

Gurmit Singh

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 What is the meaning of 'domicile' under Regulation 6 of Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1976?
  2. 2 Can a flat allotment be cancelled if applicant fails to furnish a domicile certificate after having claimed eligibility on that basis?
  3. 3 Is an applicant permitted to retrospectively rely on alternative eligibility criteria if the asserted one is unsatisfied?

Ratio Decidendi

Where an applicant claims eligibility for allotment of a flat specifically as a domicile of Union Territory of Chandigarh and fails to provide documentary proof thereof, the applicant cannot rely retrospectively on the alternative eligibility of bonafide residence; the Board is justified in cancelling allotment under these circumstances.

Court Disposition

appeal allowed

Orders

  • Order of the High Court setting aside cancellation of allotment is reversed.
  • Cancellation of flat allotment by Chandigarh Housing Board is upheld.