Case Note & Summary
The dispute arose from a special civil application filed by the petitioner against the Gujarat Housing Board regarding the allotment of housing premises. The petitioner had been allotted a house in Patrakar Colony No.2, which he transferred to his son, and subsequently sought a new allotment in Patrakar Colony No.3. The Housing Board denied possession of the new house, citing guidelines that prohibit an individual from holding two houses. The petitioner argued that since he no longer possessed the first house, he should be entitled to the second. However, the court found no justification for the claim, noting that allowing it would contradict the Housing Board's policy aimed at ensuring equitable distribution of housing. The petitioner also claimed discrimination, asserting that others had received multiple allotments despite similar transfers. The court, however, noted that the Housing Board was taking action against such cases and that the petitioner's argument of discrimination was not substantiated. The court referenced a Supreme Court decision to support its reasoning. Ultimately, the court dismissed the application, reinforcing the Housing Board's guidelines and the principle of not allotting two houses to one individual.
Headnote
A) Housing Law - Allotment of Houses - Entitlement to Second House - Gujarat Housing Board Guidelines - The petitioner sought a second house after transferring the first to his son, but the court held that the guidelines prohibit allotment of two houses to one person, emphasizing the rationale behind this policy. The court dismissed the petition, stating that allowing such a claim would undermine the Housing Board's objective (Paras Not mentioned).
Issue of Consideration
Whether the petitioner is entitled to a second house from the Gujarat Housing Board after transferring the first house to his son.
Final Decision
The court dismissed the special civil application, ruling that the petitioner was not entitled to a second house from the Gujarat Housing Board as per the established guidelines. The court emphasized the rationale behind the policy and noted that allowing the petitioner's claim would undermine the Housing Board's objectives.
Law Points
- Housing allotment guidelines
- discrimination in allotment
- possession transfer
- constitutional interpretation
