Case Note & Summary
The dispute arose between the Chandigarh Housing Board and Gurmit Singh regarding the allotment of a flat under a housing scheme. The Chandigarh Housing Board, established under the Haryana Housing Board Act, was responsible for developing land and constructing houses for public allotment. In 1986, the Board launched a housing scheme with specific eligibility criteria, including domicile status. The respondent applied for a flat in 1987 but failed to provide adequate proof of his domicile status, leading to repeated requests from the Board for documentation. After a writ petition was filed by the respondent, the Punjab & Haryana High Court directed the Board to hand over possession of the flat, which the Board subsequently cancelled due to the respondent's lack of eligibility. The High Court later set aside the cancellation order, stating that the respondent had provided a residential certificate and was a citizen of India, thus qualifying as a domicile. The Board appealed this decision, arguing that the respondent could not claim eligibility under both domicile and bona fide resident criteria. The Supreme Court analyzed the definitions of domicile and the relevant regulations, concluding that the respondent's claim of domicile was not supported by sufficient evidence. The court held that the High Court had erred in its judgment and allowed the appeal, setting aside the High Court's order and directing that if the respondent applied for a domicile certificate, it should be considered by the competent authority. The appeal was allowed with no costs.
Headnote
A) Administrative Law - Eligibility Criteria - Domicile Requirement - Haryana Housing Board Act, 1971, Section 74 - The court examined the eligibility criteria for housing allotment, determining that the respondent's claim of domicile was not substantiated by required documentation, leading to the cancellation of allotment by the Board. Held that the High Court erred in its judgment by overlooking the respondent's failure to provide proof of domicile (Paras 1-4).
Issue of Consideration
Whether the respondent satisfied the eligibility criteria for allotment of a flat based on domicile status.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed that if the respondent applies for a domicile certificate, it should be considered by the competent authority. The appeal was allowed with no costs.
Law Points
- Eligibility criteria
- domicile definition
- housing allotment regulations
- judicial review
- administrative discretion
