Case Note & Summary
The dispute arose between the Rajasthan Housing Board and the respondent regarding the allotment of a house in Jaipur. The respondent registered with the Board in 1973 for a house in the Middle Income Group (MIG) category and later requested a change to the Higher Income Group (HIG) category, which was granted in 1979. Despite participating in lotteries for house allotment in 1979 and 1980-81, the respondent was unsuccessful. He challenged the Board's auction notice and its policy of reserving houses for certain categories through writ petitions. The learned Single Judge found the Board's actions arbitrary and directed the allotment of a house to the respondent. The Board's appeals against this decision were dismissed by the Division Bench of the Rajasthan High Court, which concurred with the Single Judge's findings. The Board contended that the allotment process was fair and that the respondent's misfortune in the lotteries was not grounds for relief. The court noted that the respondent's application entitled him to a completed house as per his registration and highlighted discrepancies in the allotment process, including the inclusion of ineligible persons in the draw. The Supreme Court upheld the High Court's decision, directing the Board to provide the respondent with a suitable house within the Jawahar Nagar Scheme, emphasizing the need for expeditious compliance. No costs were awarded.
Headnote
A) Administrative Law - Arbitrariness in Allotment - Discrimination in Housing Allotment - Constitution of India, Article 14 - The court found that the Board acted arbitrarily and discriminated against the respondent in the allotment process, directing the Board to provide a house as per the respondent's registration. Held that the respondent's claim was legitimate and warranted fulfillment (Paras 10-12).
Issue of Consideration
Whether the Rajasthan Housing Board acted arbitrarily in the allotment of houses to the respondent.
Final Decision
The Supreme Court dismissed the appeals of the Rajasthan Housing Board, directing it to provide the respondent with a completed house of the required specifications within the Jawahar Nagar Scheme, preferably within six months.
Law Points
- Arbitrariness in allotment
- Discrimination in housing policy
- Right to housing
- Writ jurisdiction
