The Haryana Housing Board Act 1971 (as extended to Chandigarh)

i The Haryana Housing Board Act, 1971 (As extended to Chandigarh) (See Chd. Admn. Gaz. Part X (Extra) dated 13-3^1975 page 34-35) No. GS.R. 7 (£)~ In exercise of the powers conferred by section B7 of the Punjab Reorganisation Act, 1966 (3 L of I9<SG), the Central Government hereby extends to the Union Territory of Chandigarh, the Haryana Housing Board Act, 1971 (Haryana Act 20 of 1971) as in force in the State of Haryana at the date of this notification, subject to the following modifications. An Act to provide for measurers to be taken to dsat with and satisfy the need of housing accommodation. ..... Be ft enacted by the Legislature of the State of Haryana in the Twenty- second year of the Republic of India as follows :—• '[Statement of Objects and Reasons Next to food and clothing, housing is the hasic necessity of mankind. The housing problem has become serious on account of the phenomenal increase in population. Rapid industrialisation has led to the congestions in urban areas. The concentration of almost all industries in urban areas and the comparative high wages paid to the factory workers coupled with the lack of sufficient opportuni ties in the rural areas have resulted in a large scale shift of population from vil lages. With the object of easing the housing problem by constructing more houses and raise Standards in the types of houses, the State Government have been imple menting various housing schemer'sponsored by the Government of India. Under these schemes financial assistance in the shape of loans as well as grants is given to the employers, local bodies, individuals, and co-operative societies of individuals and industrial workers. The loan with interest at the rate payable to the Govern ment of India plus 1/2 per centum as administrative charges is recovered in 15/25 annual equated instalments. Since the formation of the State of Haryana Rs. 1.57 crorc have been so disbursed. 2. To tackle the stupendous problem of housing sufficient funds are required. The funds, which are being allocated each year in the plan and out of L.I.C. funds are very meager with the result that the problem continues. To meet the increas ing demands for houses, Government resources alone are not sufficient. To'supple- ment Government resources It was, therefore, imperative to mobilise additional resources oy raising loans and debentures for housing schemes as •well as to secure loans out of Central Revolving Fund, which is being created by the Gov ernment of India with Rs. 200 crores. 3. With a view to achieve the aforesaid object the matter was considered in the conference of ministers for Housing, Urban Development and Town Planing held at Bangalore from 18th to 20th June, 1969. The consensus of opinion was 1. Sec Haryana Govt. Gaz. (Extra) 1971 at Pnge 122 [ 4S7 ] 488 Haryana Housing Board Act, 1971 (as extended to Chandigarh) that the statutory State Housing Boards are the best agencies for tentative and speedy implementation of the housings programmes. Accordingly, it is proposed to constitute a Ifaiyana State Housing Ooard- Hence the Haryana Housing Board Bill, 1971J **** CHAPTER I PRELIMINARY 1. Short title, extent and commencement* (1) This Act may be called the Haryana Housing Board Act, 1971 (as extended to Chandigarh). (2) ft. exlundti to the whole ot the '[Union territory ot Chandigarh]. (3) It 3hnll come into force on such date as the [Administrator] may by notification appoint in this behalf. COMMENTARY Excessive delegation - Notification - Extension of the Act to Chandigarh -The notification Issued on 15.12.1986 by the Central Government under Section 87 of the Punjab Reorganisation Act, 1966 was challenged by a batch of appeals on the ground of excessive delegation and abdication or effar.fiment legislative powers and concept ot vacuum - After a detailed discussion on the various au thorities on the subject and mainly relying upon Re Delhi Laws Act, 1951 SCR 747 it was held by the Hon'ble Supreme Court that the said provision otlaw is constitutionally valid and is not repugnant to existing law - Extension of Punjab Act, 1985 to Union Territory Chandigarh does not conflict with the existing law in the Union Territory -There being only one notification under Section 87 the ques tion of successive notification docs not arise-Alltho appeals dismissed, upholding the decision of Full Bench of Punjab and Haryana llijdi Court in 1988 (1KR430 - Rarnesh Birch unci utfiers v. Union of India and others, 1989 I IRK 399 S.C. Delegation of power - Once it Is held that the delegation of a power to extent a present existing law is justified a power to extend future laws is a neces- , sary corollary - Ramssh Birch v. Union of India and others, 1989 HRR 399 S.C. Extension of laws -It was contended by the Appellant's counsel that ex tension of the lawa of another State to Chmidigaih is permissible so long as there is a vacuum of laws .on any- particular subject within the Union Territoiy and a. transplantation of law from elsewhere, is neither necessary nor valid - Repelling ike cpnbnlion pflhu learned pgunscl'U.was held that so ton£ as thp provisions of. the'extended law are Wot. repugnant to. an> Apt drParliamferit in force,ui.thei.Union ; Territory, there ts nb reasoni to construe the scripe*p'fSection ,87 Jn, this rosiricled ; manners suggested by counsel:- B^^esH^Btrchmd others y. Union qf;lridja-'- and others, 1989 HRR399S.C-- . .'•,,"••' ;••">.- •<;- 2, Definitions.--- In this Act, unless the eontext otherwise requires, (a) "adjoining area" means auch area aa may be specified to be an adjoining area under section 31; ' [(*&) "Administrator" means the Administrator of the Union Territory of Chandigarh appointed by the President under Article 239 of the Constitution;] (b) "Board" means the '[Housing Board, Chandigarh] established and constituted under section 3; • Subs, by Chd. Admn. Gax. Notification dnied 1.1-3-1975 at page 34-35 I. [Jiserted by Chd. Admn. Gaz. Nolificailon dated 13-3-1975 at page 34-35 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 489 (c) "Board premises" means any premises belonging to or vesting in the Board or taken on lease by the Board or entrusted to the Board under this Act for management and use for the purposes ofthis Act; (d) "building materials" means such commodities or articles as are specified by the '[Administrator] by notification to be building materials for the purposes ofthis Act; (e) "bye-laws" means bye-laws made under section 75; (f) "Chairman" means the Chairman of the Board; '[(ff) "Chief Executive Officer" means the Chief Exsoutive Officer of the Board]: (g) ^"competent authority" menus any person authorised by the '[Administrator], by notification, to perform the funeliuns uf LIIL- competent authority under chapter VI tor such area as may be specified in the notification; (h) "housing scheme" means a housing sulieme made under this Act; (i) "Land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth ; (j) "looal authority" means *f,the Chief Administrator exercising powers of a Municipality Or any functionary thereof under xnl> section (2) of section 7-A otthq Capital of Punjab (Devwlupment and Regulation) Act, 1952 (Punjab Act 27 of 1952} or a Gram Panehayat constituted under the Punjab Cram Panehayat Act, 1952 (Punjab Act 4 of 1953), or a Parichayal Sainiti or a Zila Porlflhnd constituted under the Purtfab Panchnynt Samities nnd Zila Parishads Act, 1961 (Punjab Act 3 of 1961), or an improvement Trust constituted under the Punjab Town Improvement Act, LP22 (Puryab Act 4 of 1922) ; (k) "Member" means a member of the Board and includes the ^Chairman and Chief Executive Officer]; (I) "premises" means land, any building or part of a building and Includes.— CO gardens, grounds and out-houscs, if any, appertaining to such building or part of a building; and (ii) any fitting affixed to such building or part of n building for the more beneficial enjoyment thereof, (m) "prescribed means prescribed by rules; (tl) "programme" means the annua! housing programme prepared by the Board under sectiuj i 23; (o) "Regulations" means regulations made under section 74; (p) "rent" means the amount payable to the Board in respect of the occupation of the Board's prem ises and includes the charges for water and electricity payable in respect of water nnd electricity used or consumed in the premises; (q) "Secretary" means the Secretary of the Board; (r) "Tribunal" means the Trihnnal specified under section 46; and (s) "yeai ".means the year commencing on the fstdey of April and ending nn the 31st day of March. * Subs, by Chd. Admn. Claz. Notification dnicd 13-3-1975 at page 34-35 1. (nsflrted by Hr. Act 27 of ISSOanwiindtdtoChd. vide did. Adinn.Qaz. (extra) dated 2-4-1991 2, Subs, by' Hr. Act 27 of J 980 as extended to Chd. vjde Chd. Admn, Gas, (extra) doted 2-4-1951 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 490 CHAPTER If ESTABLISHMENT OF THE BOARD 3. Establishment and constitution of Board. - 0) With effect from such date as the '[Administrator! may, by notification appoint in this behalf, there Shalt be established for carrying out the purposes of this Act a Board to be Knownas "the '[Housing Board, Chandigarh]", with headquarters at such place as the [Ad- mTnistrm^rna^spec^^ ^ ^^ aforesaid, be a body corporate having perpetual succession and a common seal, and, subject to any restriction by or under this Act or the rules made thereunder, shall have the power to acqu ire, hold, administer and transfer property, movable or immovable, and to enter into con tracts, and shall by the said name sue or be used and do all such things as are necessary for which it is constituted. . (3) For the purposes of this Act and the Land Acquisition Act, 1894 the Board shall be deemed to be a local authority. , Explanation.-The purpose of this Act referred to in sub-section (3) includes the management and use of lands and building belonging to or vesting m the Board under or for the purposes of this Act and the excise of its rights over and with respect to such lands and buildings for the purposes of this Act. L[(4) The Board shall consist of a Chairman, a Chief Executive Officer and seven other members appointed by the Administrator]. ; (5) The '[Chairman, the Chief Executive Officer] or a member may at any time resign his office by submitting his resignation to the '[Administrator] : Provided that the resignation shall not take effect until it is accepted. (6) Until the Board is established and constituted in accordance with the provisions of the preceding sub-sections, the '[Administrator] may constitute a Board consisting of one person, who shall be an "[officer employed in connection with the affairs of the Union Territory of Chandigarh], to be appointed by the •1 Administrator], anda Board so constituted shall, as from the commencement of this Act *[- ] be deemed to be the Board established and constituted for the purpose of carrying out all the provisions of this Act. *** 4. Non-applicability of East Punjab Art 3 of 1949. - The East Punjab Urban Rent Restriction Act, 1949, shall not apply nor shall be deemed to have ever applied to any land or building belonging to or vesting in the Board under or for the purposes of this Act, and as against the Board to any tenancies or other like relationship created by the Board in respect of such land or building but shall apply to any land or building let to the Board. www v * COMMENTS Applicability of Rent Act -Allotment of houses made by Housing Board Authorities on Hire Purchase Basis - Provisions of Rent Control Act would be applicable to the allottee and his tenants 6r sub tenants,- An allottee can,induct a tenant in the allotted premises - Section 4 or thw Act is no bar to the applicability of E P Rent Act - AJqy-Kashyap v. Smt, MohiniNijliawan, 2004 H.R.R. 387 F,B. .Provisions of the Act are applicable to the houses allotted under Haryana Housing Board Act, 1971 (As applicable to Chandigarh) - It is apparent from die prov isions of Section 4 of the Act read with Regulations 42,44 and 45 of Chandigarh Housing Board (Allotment, Management and Sale ofTenemenls) Regulation, \979 *~s"ubs. by Chd, Admn. Gaz. Notification fated I3.3-I975at page 34-33 I Subs by Hr Act 27 Of 1980 as extended to Chd. vide Chd. Admn. Goz. (extra) dt,2-4-l99l 2. Omiltcd by Chd. Admn. Caz. Nolifiwtiori dated 13-3-1975 at page 34-35 Haryana Hou injj Doard Act, 1971 (as extended to Chandigarh) 3 A9l -> The relationship between the Board and the allottee woul.l hr* thnt ^f* and its tenants - Allottee of Housing Board hasa rifft b^ffl,5 ?L w !*" °Wncr relationship between the ullortcp fcunTi.- *!l\ mducl a sulvfenant arid Limited'scase A I R 1953 air in H i « ! ? 1AC o~0Pe^^ Housing Society n is permitted to take up the pi™ of a »Ii tk>iof SeclfonAS&UJ??^ £nanj p ca Kashyap v. A«. M,to„ Nljh 2?04 (1) I/fl R f 8 7 F S ** ^ mv(m> aha la's case' 999 H R R S t ,£ J?l,8ineft deiVm!d in ^ ^""jwwi trainedNEMSS,nStcd feSS^™1!! J 1 rm£Hencd«¥*»r<*unot ha 599 ^vision accepted ^ RumaSharma v Afe//o>- (7/?^^, 2004(1) [T.R.R. (a holds any office or place of profit under the Board- ' (y is an undischarged insolvent- Sr Ji it« convicted uf any offence involving moral tumitude 1(8)I m the opinion of the' {Administrator} - ^Pitiide. (i) has become incapable uf acting or (H) is otherwise unfit to continue as a member.] * Subs, by Ctidi Admn. Gna. Notification daiaf I-i i KIT* . — m 7 " ~ " — • • • -— Haryana Housing Board Act, 1971 (as extended to Chandigarh) 492 (2) A person shall not be disqualified under clause (d) or clause (e) of sub section (1) or be deemed to have any share or interest in any contract or employ ment within the meaning of the said clause, by reason only of his or the incorpo rated company of which he is a Director, Secretary, Manager or other salaried officer having a share or interest in any newspaper in which any advertisement relating to the affairs ofthe Board is inserted. (3) A person shall not also be disqualified under clause (d) or clause (e) or sub-seotion (l) or be deemed to have any share or interest in any incorporate company wh ich has any share or interest in any contract or employment with, by or on behalf of, the Board, by reason only of his being a shareholder of such C°mP<p 'vided that such person discloses to the '(Administrator] the nature and ro extent ofthe shares held by him. 7. Ten/is of office and conditions of service. - (1) Every member shall hold office for a period of three years from the date of his appointment: Provided that after the expiry ofthe period of his appointment, a person shall be eligible for reappointment as member. (2) Every member shall receive such salary and allowances as may be pre- scribed *<• (3) The salary and allowances to the member shall be paid from the fund of the Board and such salaries and allowances and other conditions of service shall be such as may be prescribed. 'r7-A * {Chairman, Chief Executive Officer and other members) to hold office during pleasure of Administrator. - Notwithstanding anything contained in section 3 or section 7 or any other provision of this Act the Chairman, Chief Executive Officer and other members ofthe Board, shall hold office during the pleasure ofthe Administrator]. . . , . «. fir™. • 8. Filling of vacancies. - (I) Tf a vacancy occurs in the office of '[Chair man, Chief Executive Officer or other member] by death, resignation, removal, disqualification or otherwise, the vacancy shall be filled by the [Administrator] by appointing a new ^Chairman, Chief Executive Officer or other member] to that office. . ~«- u i L (2) A ^Chairman, a Chief Executive Officer or any other member] ap pointed to'fill the vacancy shall, notwithstanding anything contained in section 7, hold office for the unexpired portion of the term of his predecessor. 9. Proceeding* presumed to be good and valid. - No disqualification of, or defect in the appointment of, any person acting as a ^Chairman, a Chief.Ex- ocutlve Officer] or a member shall be deemed to vitiate any act or proceeding of the Board if such act or proceedings is otherwise in accordance with the provi sions of this Act. 10 Temporary absence of members. - If any member ofthe Board other than the *[Chairman and the Chief Executive Officer] is by infirmity or otherwise rendered temporarily incapable of performing his duties or is absent or on leave or on any other ground not resulting in the cessation of his membership, die [Adminis trator] may appoint another person to officiate for him and perform his duties under this Act, or any rule or regulation made thereunder. 1 Inserted by Hr. Act 20 or 1979 as cxlendcd to Chd. vide Chd. Admn. Gaz. (extra) dt. 2-4-1991 2. Substituted by Hr.Act 27 oT 1980 as extended lo Chd, vide Chd. Admn. Gxs. (extra) dt. 2-4-1991 at page 333 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 493 11. Officers and servants of Board - (1) The '[Administrator] may appoint a Secretary of the Board on such terms and conditions of semce as it may deem fit- (2) The Board may create such other posts and appoint such other officers and servants thereto as it may consider necessary for the efficient discharge of its duties: 1 {Provided that the previous sanction of the Administrator shall be obtained for this purpose in respect of such categories of posts as may be specified by him from time to time, by notification.} (3) Subject to the provision of sub-section (1), the conditions of service, functions and duties of the officers and servants or the Board shall be such as may be determined by regulations. 12. Provident Fund. - (1) The "[Administrator] shall establish a Contribu tory Provident Fund for the officers and servants of the Board and such Provident Fund (hereinafter called "the Fund") sha!J, notwithstanding anything contained in section S of the Provident Fund Act, 1925, be deemed to be a Government Provi dent Fund for the purposes of the said Act. (2) The Board shall in respect of each of its employees who is a subscriber to the Fund, pay into the Fund such portion of the contribution in such manner as the '[Administrator] may, from time to time, determine, 13. General disqualifications of officers and servants, - Mo person who has directly, or indirectly, hy himself or his partner or agent, any share or interest in any contract, by or on behalf of the Board, or in any employment under, by or on behalf of the Board, otherwise than as an officer or servant thereof, shall become or remain an officer or servant of the Board. 14. Appointment of Committees. - Subject to any rules made under this Act, the Board may, from time to time, and for any^particular local area appoint one or more committees for the purpose of discharging such duties or performing such functions as it may delegate to them and any such committee may discharge such duties or perform such functions with due regard to the circumstances and requirements of that local area. 15. Meetings of the Board, - The Board shall meet and shall from time to time make such bye-laws with respect to the day, time, place, notice, management and adjournment of its meetings as it minks fit, subject to the following provisions, namely: - i[(a) an ordinary mooting shall be held at least once in three months;] (b) the Chairman may, whenever he thinks fit, call special meetings; (c) Every meeting shall be presided over by the Chairman and in his absence by any member chosen by the members present at the meeting for the occasion; (d) the quorum for every meeting shall be '[one-half] of the number of members actually serving for the time being; (e) all questions at any meeting shall be decided by a majority .of. the members present and voting and in the case of equality of votes, the person presiding shall in addition to his vote as a member, have second or casting vote; and (f) the minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose and a copy of such minutes shall be forwarded to the '[Administrator] in the department concerned. a_i ^•^^MIHI —_i iium uuu • • ——-- — — ------ — -• ----- - —-- - - - — — --——- — — — - ________ mM -— — — — - ------- ^mmmm-mm i__-«u« * Subs, by did. Admn. Gaz. Nvtifieatipn dated 13-3-1975 at page 34-35 1. Subs-' by Hr. Act 10 of 1989 M extended to Chd, vide Chd. Admn, Gfiz. (extra) dt. 2-4-1991 2. mserted by Hr. Act No. 8 oFI973 published on 23-4-1973 494 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 16. Association of parsons with Board. - (1) The Board may associate with itself, any person whose assistance or advice it may deem fit for carrying into effect any. of theproyisirms of this Act. "-'.•-• (2) A personasso^iated with the Board.under s'ub-seotion (1) for any pur pose shall have the right to take part in the meetings of the Board relevant to that purpose; but shall not have the right to vote. (3) The Administrator may, by order, depute its representatives to attend any meeting of the Board, on such items or subjects as the '[Administrator] may specify, but such representatives shall not have the right to vpte. 17. Power to make contracts- - The Board may enter into and perform or require the performance of all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act. MIS. Execution of contracts. - (1) Every contract shall be made in the name of the Board by z[the Chief Executive Officer] or such other officer of the Board as may bo authorised by it; Provided that no contract involving an expenditure of twenty lakhs rupees or more shall be made without the previous sanction of the '[Administrator].} (2) Sub-section (I) shall apply to every variation or abandonment of a con tract or estimate as well as to an original contract or estimate. (3) Every contract '[for and] on behalf of the Board shall, subject to the provisions of this section, be entered into, in such manner and form, as may be prescribed. . . .. ,. . ... - , (4j Acontractnot made or executed as provided in this section and the rules made thereunder shall not be binding on the Board. COMMENTARY Appointment of Chairman - Where the appointment of the Chairman was for three years as mentioned in the notification under S. 3 of the Act Subse quently the notification was withdrawn. It was held that the Chairman was work ing properly without suffering any disability during his tenure as such was entitled to complete the full tenure and an order to withdraw the notification was quashed - S.S. Virdi v. Chandigarh Administration and others. 1991 (1) Rev. L.R. 25 '[19. (Omitted) CHATTER III HOUSING SCHEME 20, Duty of Board to undertake Housing Schemes. - Subject to the pro visions of this Act and subject to the controfor the '[Administrator], the Board may incur expenditure and undertake works in any area for the framing and ex ecution of such housing schemes as may consider necessary from time to time or as may be entrusted to it by the *[AdministratorJ- 21. Matters to be provided for by Housing Scheme. - Notwithstanding any thing contained in any other law for the time being in force, a housing scheme may provide for all or any of the following matters, n&mely ;- (a) acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme; (b) acquisition by purchase, exchange or otherwise of any land, division of the same into plots and the sale thereof after developing itor otherwise * Subs, by Chd. Admn. Gaz. Moiification dated 13-3-1975 at page 34-35 1. Substituted by Hr. Aoi No. 9 of 1973 2. Subs, by Hr. Act27on980asoxlcnJ«lnjClnl. videChd, Admn. Gas, (extra) dt, 2-4-1991 3. Section 19wflsomilted by Hr. Act No. B of 1973 published or 23-4-1973 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 495 4 to co-operative societies or other persons, in accordance with the scheme; c) laying or re-laying out of any land comprised in the scheme ; d> distribution or rc-distribution of sites belonging to owners of property comprised iti the scheme; (c) the closure or demolition of dwel lings or portions of dwellings unit for human habitation; (f) demolition of obstructive buildings or portions of buildings; (g) the construction and re-construction of buildings, their maintenance and preservation ; (h) sale, letting or exchange of any properly comprised in the scheme (i) construction sind alteration ofstreetsand back Janes ; (j) drainage, water-supply and lighting of the area included in the schemes; (k) parks, playing-fields and open spaces for the benefit of any area comprised in the scheme and the enlargement of existing parks, playing fields, open spaces and approaches; (1) sanitary arrangements required for the area comprised in the scheme, including the conservation and prevention of any injury or contamination to rivers or other sources and means of water supply ; (m) accommodation For any class of inhabitants, industries, institutions, offices, local authorities, Co-operatives or Corporate bodies; (n) advance of money for purpose of the scheme; (o) facilities for communication and transport; (p) collection of such information and statistics as may be necessary for the purpose of this Act; and (q) any other matter for which, in the opinion of the '[Administrator], it is expedient to make provision with a view to provide housing accommodation and, or, to the improvement or development of any area comprised in the scheme or any adjoining area or the general efficiency of the scheme. Explanation. - For the purposes of this section the '[Administrator] may, on the recommendation of the Board, by notification, specify area surrounding or adjoining the area included in a housing scheme to be the adj o i n i ng area. 22. No homing scheme f(> be made fQr area included in improvement scheme or be inconsistent with town planning scheme. - (I) No housing scheme shall be made under this Act for any area for which an improvement scheme has been sanctioned by the '[Administrator] under the Punjab Town Improvement Act, 1922, or any other enactment for the time being in force, nor any housing scheme made under this Act shall contain any thing which is inconsistent with any of the matter included in a town planning scheme sanctioned by the '[Administra tor], under '[the Haryana Municipal Act, 1973] ; or any other enactment for the dme being in force. (2) If any dispute arises whether a housing scheme made under this Act includes any area included in an improvement scheme sanctioned under any en actment referred,to in sub-section (I) or contains anything inconsistent with any matter included in a town planning scheme sanctioned under the '[Haryana Mu- * Subs, by Cll4Admii. Gaz. Notification dated 13-3-1975 oi page 34-33 1. Substituted b Hr. Act 27 of 1980 as extended! to Chd. y 49G Haryana Mousing Board Act, 1971 (as extended to Chandigarh) nicipal Act, 1973] or any other enactment For the time being in force, the same shall be referred to the '[Administrator] whose decision shall bE final. .23. Preparation and submission of annual housing programme, budget and establishment schedule.—(I) Before (he first day of December in each year the Board ^sha'Il prepare and forward to the '[Administrator] in such form as may by. prescribed- ••'"' ' •'".• (i) a. program me ! •£:'.:'•'•' . '•' 00'*' budget for the next year ; and • .-• •^.(iij) a schedule of Che staff of officers and servants already employed and : '.' 'to be employed during the next year, (2) The programme shall contain, — (i) such particulars of housing schemes which die Board proposes to execute whether in part or whole during tlie next year as may be prescribed; •\..- (iij the particulars ofany undertaking which the Doard propose to organise : orexecute during the next year for the purpose of production orbuildiiig ' materials; and (Mi) such other particulars as may be prescribed. (3) The budget shall contain a statement showing the estimated receipts and expenditure dn-capita! and revenue accounts for the next year. Z4. Sanction to'programme, budget and establishment .schedule. - The .^.[Administrator] may^sanction thbprogramme, budget and the schedule of the 1 . stapfrdf officers and servants forwarded to it with such modification as it deems "fit;- '••'•'->•. v^rs?;^•.-;•=.: •v':;; ->.:x .... . . v 25. 'Publicatio^t''-oy\Sffne^ioMd-prp^rtifttme, - The '[Administrator] shall publish the programme san.ctiohed.by it under seotion 24 in the '[Chandigarh Ga- ..,. sette.l " "•:'-.;,26. Supplementary programme and budget, - The Board may, at any time, duririg^he year, in respect of which a programme has been sanctioned under section 24 submit a supplementary programme and budget and the additional sched ule of the staff, if any, to the '[Administrator] and the proves ions of sections 24 and 25 shall apply to such supplementary programme. , ,. , 27. Variation of programme by Board after it has been sanctioned. - The Bd'ard rhay,:at any time, vary any programme or any part thereoFsanctioned by the'[Administrator] ;.. Provided that no such variation shall be made if it involves anexpenditure in excess often per centum of the amount as originally sanctioned for the execution ofany housing scheme included in such programme or affects its scope or pur pose. 28. Sanctioned housing scheme to be executed. - After the programme has been sanctioned and published by the "[Administrator] under sections 24 and' 25, the Board shall, subject to the provisions of section 27, proceed to execute the housing scheme included in the programme. 29. Publication of housing scheme in the Official Gazette. - (1) Before proceeding to execute any housing scheme under section 28, the Bo<ird shall by notification publish the scheme. The notification shall specify that the plan show ing the area which is proposed to be included in the housing scheme and the surrounding lands shall be open to inspection ofthe public at all reasonable hours at the office of the Board. (2) If within two weeks from the date of the publication of the housing scheme any person communicates in writing to the Board any suggestion orob- * Substituted by Chd, Admn. Caz. Notification dated 13-3-1975 at page 34-35 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 497 • jection relating to the scheme, the Board shall consider such suggestion or objec tion and may modify the scheme as it thinks fit. «•• ^lTn° B°^ thaI!the"} by notification publish the final scheme. The notifi cation shall specify that the plan showing the area included in the final scheme and the surrounding lands and other particulars as may be prescribed .shall be open to inspection of the public at all reasonable hours at the office of the Board. W lnepubIicatiorjofanotcficatronundersiifvsection{3)shaHbeconclusive evidence that the said scheme has been duly framed. „ tJS'J^n*{fr & Board for purposes of housing scheme of land vested in t a local authority. - (1) Whenever any street, square or other land, or any part thereof situated in any area of a local authority and vested in the local authority is required lor the purpose of any housing scheme sanctioned by the '[Administra- rorj, tile 1 ioarrl shall give notice accordingly to the local authority. « . 1' Where ,t,he loc.al authority concurs, such street, square or other land, or part thereof, shall vest In the Board. • . *®) 35?°.t?tf]w? '.3 any disP"te the matter shall be referred to the VAdmin- i lstratorj. The [Administrator] shall, after hearing the parties, decide the matter. I lie decision of the [Administrator] shall be final. If the ^Administrator] decides that such street, square or land shall vest in the Board, it shall vest accordi *iy ni W Nothing in this section shall affect the rights or powers of the local au thority in or over any drain or water works in such street, square or land 31, Compensation in respect of land vested in Board. - (1) Where anv land vests in the Board under the provisions of section 30 and the Board makes a declaration that such land shall be retained by the Board only until itrevests in the ™S,n S S 7? " P*£ °if ^ u^ °r/n °Poti Space undcr section 34» no compen sation shall be payable by the Board to the local authority in respect of that land {J.) Where any land vests in the Board under section 30 and no declaration h SSfiSST Sub-Sectio? & in aspect of the land, the Board shall payto S& authority as compensation a sum equal tn the value of such land h A ( U ' muany C?Se ^CI?thc Uoard has made a declaration in respect of any S n !trma^b"feCt*P° ° Vh? ?°?rd r*tains °r disP^s of the land contrary to Hie terms of declaration so that the land does not re-vest in the local authority, the feenrdni™ £?£ I? ** ,0-0°' auth°lil? compensation in respect of such land in accordance with the provisions of sub-section (2). n „,31 Power of Board to turn or close public street vested in it. - m Thc n Sblfc S E £ £dJr VSCOntinue ^ Pub,ic use of* °r Permanently close, any public street vested in it or any part thereof. «nv n S ? ! ^n e?r thf ^arddisoontinues thc P^Iic use of, or permanently closes, ™ £ffh«^ ° hw .eaaonable means of access to be substituted in lieu of the Hon £ £°Se °ntIt,ed' °vth? stre?t.or Part hereof and pay reasonable compel*! oubll? t^Z^f^? 1S ef!lltled' otherwi« than Va mere member of the Cm such dfscontuanclofSosing0 meHnS °f "™ ^ haS SUffe"d dama** ti r<? W? iete2T'u'1!? t^ compensation payable to any person under sub-sec- Qn concS.; • Board.sha" make al lowance for any benefit accruing to him from the ^ r ?k'f*u ti" °r ,mProvcment ofany other public street at or about the ttnnl ?J ati-he pU5h0 TCt ?r part thereof-on account of which the compcr,™- tion is paid, is discontinued or closed, *™»™ * SubsMiutcd by Chd. Admn. Gaz. Noiifiealion dated 13-3-1975 at page 34-35* 498 Haryana Housing Board Act, 1971 (as extended to Chandigarh) (4) When any public street vested in the Board is permanently closed under sub-section (1), the Board may sell or lease so much of the same as is no longer 33. Reference to Government in case of dispute under section 31 and 32. - if there is any dispute as to whether any compensation is payable under section 31 or section 32 or as to the amount of compensation payable under sec tion 31 or section 32, as the case may be, the matter shall be referred to the Tribunal- . 34. Vesting in the local authority of streets laid out or altered ana open spaces provided by Board under housing scheme. - (1) Whenever the [Ad ministrator] is satisfied.- (a) that any street laid out or altered by the Board has been duly levelled, paved, metalled, flagged, channeled, sewered and drained in the manner provided in the programme sanctioned by the '[Administrator] under section 24 or varied under section 27 or modified under section 29; (b) that such lamps, lamps-posts and other apparatus as the local authority considers necessary for the lighting of such street and as ought to be provided by the Boardhave been so provided ; and (c) that water and other sanitary conveniences have been duly provided in, such street; the '[Administrator] may declare the street to be a public street, and the street shall thereupon vest in the local authority and shall thenceforth be maintained, kept in repair, lighted and cleaned by the local authority. (2) When any open space for the purposes of ventilation or recreation has been provided by the Board in executing any housing scheme, it shall on.comple- tion be transferred to the local authority concerned, by resolution of the Board, and shall thereupon vest in, and be maintained at the expense of, the local author ity. . (3) If any difference of opinion arises between the Board and the local authority in respect of any matter referred to in the foregoing provisions of this section the matter shall be referred to the '[Administrator] whose decision shall be Final. 35. Other duties of Board. - 11 shall be the duty of the Board to lake measures with & view to expediting and cheapening construction of buildings and the Board may for that purpose do all things for. - (a) unification, simplification and standard isationof building materials; (b) encouraging pre-fabrication and mass production of house components; (c) organising or undertaking the production of building materials required for the housing scheme ; (d) encouraging research for discovering cheap building materials and evolving new methods of economic construction; (e) securing a steady and sufficient supply Of workmen trained in the work of construction of buildings. 36. Board to assume management of requisitioned lands. - The Board shall, if the '[Administrator] so directs, and subject to the general control of the "[Administrator], assume management of all or any of the lands requisitioned by or under authority of the '[Administrator]. * Substituted by Chd, Admn. Gaz. Notification dated 13-3-1975 at page 34-35 Haryana Housing J3oard Act, 1971 (as extended to Chandigarh) 499 * 37. Reconstitutiott of plots. - A housing scheme may provide, — (a) for the formation of a reconstituted plot by the alteration of the boundaries of an original plul, <b) whli the consent of the owners that two or more original plots each of which is held in ownership in severally or in joint ownership shall, with or without alteration of boundaries, be held in ownership In common as a reconstituted plot; (c) for the allotment of a plot of any owner d is possessed of land in furtherance of the housing 3cheme; and (d) for the transfer of ownership of plot from one person to another. 38. Schemes entrusted to Board by YAdminlslralorj. - The provisions of section 21 and section 23 to 19 (both inclusive) shall not be applicable to any housing aohemc entrusted to the Board by the '[Administrator] except to such CKtent and subject to HIIUII mortifications as may be specified in any general or special order made by the '[Administrator] and every such order shall be pub lished in the 'fChandigarh Gazette]. **+ CHAPTER IV Acquisition and Disposal of Land 39. Power tu purchase, lease or acquire land, - m The Board may enter into an agreement with any person or the '1 Administrator] For the acquisition from him by purchase, lease or exchange, of any land which is needed for ihc purposes of a housing scheme or any interest in such land or for compensating the owners nf any such, right In respect of any deprivation thereof or interference therewith : '[Provided that the previoua approval of the Administrator .-shall be obtained in case oFpurehase or exchange involving land worth more than fifty lakhs rupees or lease for inure than five years.] (2) The Board may, from such date as the '[Administrator] may appoint by notification in this behalf, also take steps for .the compulsory acquisition of any land or any interest therein required for the execution of a housing scheme in the manner provided in the Land Acquisition Act, 1394. as modified by this Act- and th* acquisition of any land or any interest therein For the purpose ofthis Act shall be deemed to LB acquisition for a public purpose within the meaning of th Land v Acquisition Act, 1894. 10. Bcttcrucnt charges. - (l) When by the making nfa housing scheme the value of any land in the area comprised in the scheme will, in the opinion of the Board he increased, the Board in framing the scheme may declare that Letter- ment charges shall be payable by the owner of the land ur any person having an interest therein in respect of the increase In value of the land from the execution Drth« scheme. (2) Such increase in value shall bo the amount by which the value of the land on the completion of the execution of the scheme estimated as if the land were clear of the buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner and the betterment diarizes shall be one - half of Such increase in value. (3) Such betterment charges .shall also be leviable in respect of any land not comprised In the scheme but adjacent to the area comprised in the scheme. (^Notwithstanding anything contained in subjection (1) and (3), in respect of any land used for agricultural purposes at the time of the execution ofthe • Substituted by Chd. Admn. Gst Notification dated 13-3-1975 nl pane 34-35 ~ "~ 1. Substituted by Mr. Act No. 10 nf 1989 as extended to Ch&ndigorh published on 2-4-1991 500 Hnryana Mousing Roarri ACT, 1971 (AS (mended ro Chandigarh) schemes the betterment charges shall be leviable by the Board in accordance with such procedure as may be prescribed, only otter such land is used, or con verted for use for non agricultural purposes. 4L Notice io person liable for betterment charges, - (1) The Board shall give notice in the prescribed form to «ny person, who Is the owner of or fins interest in the land in respect of which the betterment charges are to be levied and shall give such person an opportunity to be heard. (2) After hearing such person or if such person is required to appear before the Board, the Board shall proceed to assess the amount of betterment charges. (3) Where the assessumiiL of buUcruieiil charges proposed by this Board is accepted by the person concerned within the period prescribed, the Assessment shall be final. (4) If the person concerned does not accept the assessment proposed by the Boards the matter shall be referred to the Tribunal, (5) The Tribunal shall, after holding an enquiry and after hear! ng the person concerned assess the amount of the betterment charges payable by the person. 42. Agreement for payment of betterment charges. - (1) Any person liable to pay betterment charges in respect of any land may at his option instead of paying the same to the Board, execute on agreement with the Board, to leave the payment outstanding JIS a charge on his interest in the land, subject to the payment in perpetuity of interest at such rale as may be prescribed. (2) Every payment due from any person in respect of betterment charges and every charge referred to in sub-section (1) shall, notwithstanding anything contained in any other enactment and notwithstanding the execution of any mort gage^ or charge, created either before or after the commencement of this Act, be the first charge upon the interest of such person in such land. 43. Recovery ofbetterment charges. - All sums payable in respect of any land by any pereon in respect of betterment charges under section 40 or by any person under an agreement under section 42 shall be recoverable on behalf of the Board as arrears of land revenue. 44. Power to dispose of land. - Subject to any rules made by die '[Admin istrator] under this Act, the Board may retain, lease, sell, exchange or otherwise dispose ofany land, building or other property vested in it and situate in the area comprised in any housing scheme sanctioned under this Act. COMMENTARY Allotment or houses - Escalation of price - It was stipulated in the bro chure that price escalation if any, would not exceed 10% of the original price - Development Authority Is bound by terms of agreement In view of provision of Section 10 of Contract Act 1872 - Authorities raised 4-1/ times in price keeping aside the terms of agreement - Act of Authorities obviously is violative of Article 14 ofthe Constitution as well as provisions of Section 15 of Contract Act- Price cHiiiinL excised l.he prescribed limits - In such case Author!lies are required to satisfy the court that escalation in price Is not done In arbitrary and erratic manner - Prashant Kumar s case (2000)4 S.C.C. 120 distinguished and D.D.A. b case A.I.R. 1995 S.C. 1 followed Kanpur Development- Authority v. Suit. Shccla Devi, 2004(1) II,R.R. 1 S.C. AHulnicnl tifH.T.G. huuses - Discriiiiiuaiiun - The (musing Rt.mrtl allot ted houses in favour of some officers and ignored the petitioner who was similarity situated - Order wholly unjustified - Shri L.R. Roojam v. Shri K. Banarji, Chief Commissioner, 1985 H.R.R. 220. * Substituted by Chd. Adtnn. Gaz. Notification dated 13-3-1975 ai pugc 34-35 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 501 Allotment - Revised policy of industrial sites forth© establishmentof print ing presses called into question in writ petition - Revised Policy does not suffer form any act of arbitariness - Appellants formed a separate class - All persons who have applied for industrial sites For establishing printing presses were grouped together- No descrimination -Appeal dismissed- Constitution of India, Article 14 - Paradtsh Printers v. Union Territory of Chandigarh, 1938 H.R.R. 409 S.C. —The petitioner was allotted a flat way back in 1987 when she was regis tered at Sr. No. 536 in the category of HIG (L) I houses but she was refused possession thereof on one pretext or another - The Board is debarred by its own conduct from raising baseless objection at such a belated stage when prices have gone sky rocketing - She cannot possibly apply for a plot of the same area for the prices prevalent in the year 1987 - Respondent directed to hand over the posses sion of the flat to the petitioner - Inder Bir Kattr v. The Chairman Chandigarh Housing Boald, 1 993 HRR 578. Allotment - Incomplete construction - Respondent allottee had been informing the appellant Board, time and again, for making the flat residcntiable by putting up fittings and fixtures without which the flat remains only in a skelton form - It was being used for storing cement by the Board - Respondent without completion of construction of flat cannot be compelled to execute the agreement to pay the revised rate of the Hat with interest- Dismissing the appeal of Board it is directed to comply with the directions of the High Court issued vide its order dated 2.2.1993 - Bihar State Housing Board v. Lai it Ram, 1997 H.R.R. 243 S.C. -—-The petitioner applied fortheallotmentofa Flat under a Scheme "foronc and all" - She depositee! a sum of Rs. 4,000/- and later on Rs. 50,000/- for allot ment of House in Sector 45-A - She wrongly stated in her application that no member of her family was owning any residential house or plot in Chandigarh/ Panchkuta or Mohali while her husband had already been allotted a house - She realizing her mistake, wrote to the Board to cancel her husband's house to enable her to have the second house in Sector 45-A allotted to her but no reply was given by the Board -After having been directed by the Hon'blo High Court to hear her in this respect, the Board cancelled her allotment of Sector 45-A and ordered Rs. 54,000/- to be forfeited under Regulation No. 6 (2) of Regulation 1979 - Held the order of the Board cannot be sustained - The petitioner had acknowledged her in istake - She was not given any opportunity to explain her position by the authori ties - Forfeiture of the entire amount of Rs. 54,000/- of a Class III employee is a heavy loss - However, forfeiture of Rs. 4,000/- deposited with the application would meet the ends of justice - The respondent is directed to refund Rs. 50,000 to the petitioner with interest at the rate of 12% per annum - Smt. Ram Dulari v. Union Territory, Chandigarh, \994 HRR 67. _ Allotment of flat -Appellants were allotted plots and were delivered pos session of the same in the year 1988 by the respondent-Total payment was made . by them as agreed - Demand made by Development Authority for additional pay ment from the appellants is not justified as they had paid the entire co3t of the Hat as agreed between the parties - Order of the High Court on, the ground of limita tion cannot be sustained as the objections in this regard were still pending before the Authority for consideration - Sanjay Place Group Housing Association v. Agra Development Authority, 1994 HRR 154 S.C.

Allotment of Government houses - Cancellation - On an inquiry it was found that the petitioners who were allotted government houses, had sublet the same and In-consequence thereof their allotment was cancelled - Held, the mere fact that a cyclostyled order was passed, does not prove that there was no appli- 502 Haryana Housing Board Ad't, 1971 (as extended to Chandigarh) nation urmiud by the authorities concerned - Balwupt Sin^jh v. Chief Secretary Government Punjab 1989 H.R.R. 620 D.B. Allotment of house - The petitioner, an applicant for the allotment of a houso, was at the 1st serial number in the woiting list fo< ihc allotment-Allegedly his seniority was ignored and respondent No, 4 was allotted the house as the later had an influence in the corridore of the Housing Board - [t wa3 found that respon dent No. 4 had a preferential right whose claim was inadvertently ignored by the Housing Board - It would not be proper to nullify the allotment of numerous people who are not even party in the case - However, the respondent Board was d irected lu consider the petitioner's ease sympathetically fur allotment of another house - Mritanjay Dosaj v. Haryana Housing Board and others 1994 H.R.R. 265. -—Discretion - Petitioner deposited Rs. 1,000/- with an application invited by Housing Board for allotment of houses - Petitioner was unsuccessful for allot ment in draw of lots - No objection was filed against the allotment through draw of lots All the allottees were not impleaded - No reply about the letter giving option of choice of plots was given by petitioner - Moreover, writ petition was filed after a delay of more than one year - There i3 no illegality in the allotment - Shamir Singh v Chandigarh Housing Hoard, 1995 H.K.K. 499. Allotment Rules - Violation - Respondent had applied for allotment of a plot in Patna under the Scheme of Allotment -An undertaking was given that in case there was any allotment in the name of any member of the family including himself he would inform the Allotment Authority in this respect- First allotment was made in his name within the Municipal limit of Patna with delivery of posses sion Second allotment in the name of respondent was also made in the same vicinity No information was given to Authorities about first allotment violating terms of affidavit- Cancellation of second allotment by Autliuulics is legally valid - No citizen can be allowed to have second allotment within the same municipal area under the Allotment Rules- Order of High Court sustaining (ho allotment on equitable grounds quashed - Rules 2, 9 and 14 of the Rules for Settlement of Land Acquired and Developed by the State Govt, of Patna - Bihar State Housing Board w Satya Narayan Prasad, 1998 H.R.R. 153 S.C. Application of mind - Illiterate Chairman • Petitioners were allotted houses by respondent with a tentative price of Rs. 35,000/- which was deposited by petitioners in the year 1977 - Subsequently, it was in 1981 that fresh cost of construction was computed to the tune of Rs. 62,8007- - It w,as alleged that Chair man of the Board being an Illiterate person had disposed of their ease without applying his mind as he could not understand either Hindi or English - There Is force in this contention -A quasi judicial Authority should apply its own mind and should not depend on the assistance of his staff- This kind of practice can neither he appreciated nor meefc the ends of justice - Haryana Housing Doard was di rected to keep in mind what is being observed herein for future - Parmanand v. Chairman, Housing Hoard tTaiyanu 1996 H.K.K. 559. h Arbitrary act - Increase in price - Chandigarh Administration increasing the price uf the allotted plots in any arbitrary and unreasonable manner- Interfer r enCe In the arbitrary act of the Administration under Article 226 of the Constitu tion is amplyjustified - Major General Ram Singh (RetdJ v. Chandigarh Housing Board, 1991 HRR375. —Allotment - The petitioner deposited 10% cost of the house to be allotted to him under a Scheme of the Housing Board, Haryana in Sector 29. Faridabad - He was allotted registration No. 645 - Having remained unsuccessful In the allot- iiienl he was assured that his registration number would remain intact for allot- Haiyana Housing Board Act, 1971 (aa extended to Chandigarh) 503 merit in Sector 3 for the allotment of house He deposited the additional price of the house as demanded by the Board - Again he .was not allotted any house though there ware 774 houses available while his registration No. was 645 - Peti tioner was obviously entitled to allotment of a house in Sector 3 where the Board was allotted 40 acres of land for the construction of houses - Respondent- Board WM directed to accept the demand of the petitioner and allot nim a house in Sector 29 or 3 at the rate prevalent at the date of original application - Svrj'tt Singh's case AIR 1980 P & H 65 distinguished - Anil Kumar Chawla v. Hous ing Board tiaryana 1994 H,R,R. 267. Cancellation of allotment — An LIG flat was allotted to petitioner on the basis of income category— Monthly income shown as Rs. 4712/- whereas he was drawing gross salary of R$. 5715 - Maximum limit for allotment of LIO flat was fixed at Rs. 5500 - Show cause notice about cancellation of flat is not illegal as petitioner was not eligible for the allotment Petition dismissed - Pawan Kumar v State of Haryana, 2009(2) Haryana Law Reporter 213 D.B. Cancellation of plot - Automatic cancellation - Where the allottee nei ther conveyed acceptance nor paid the amount asked for within 30 days of the receipt of allotment letter, it was held, that allotment stands automatically can celled under Regulation 5 (5) of the Regulation 1978 - Smt, ArimaLuthra v. State of Haryana, 1987 (2) PLR 124 = 1986 Rev. L.R. 324. Cancellation of plots - Opportunity - In S.K Oass v, Slate of Haryana, 198S PLJ 123 D.B. where-the allotments of plots were made to various persons out of the discretionary quota of the Government made by successive ministries and at the instance of Lok Dal ministry orders of cancellation of allotments of residential plots were made. These orders of cancellation were challenged before the Hon'ble Pb. & Hr, High Court - Whereupon the Division Bench made the following observations: That blanket order of cancellation is liable to be struck down (i) Where the Government did not apply its mind or acted arbitrarily or where no guide lines were laid for allotting plots carved out of green belts or areas reserved for public purposes (ii) Where allotee started construction after getting plans sanctioned (iii) where HUD \ did not apply its mind at all before issuing letter of cancellation, (iv) Where no show cause notice was given for cancellation as po_<rt decisional hearing would not meet ends of justice (v) Where the bona fide purchaser lor consideration from the original allottee was protected by Section 41 Of Transfer of Property Act. Held, further that Courts always have control over arbitrary acts of Execu tive authority, The executive authority is required to discharge its function in good faith and farely and not in arbitrary way. Unchecked power is alien to rule of law W&iJt.Dass v. State of Haryana 1988 PLJ 123 =- 1988 (1) PLR 430 - 1988 RlRi.IL 370. .Compound interest-As per terms of allotment letter respondent Housing Board was al lowed to charge fair price of plot within 7 years of date of allotment - Ft included expenditure on construction of tenements and payment made towards enhanced compensation of land acquired alongwith 15% interest compounded quarterly on enhanced amount of compensation - It was never challenged by original allottee who went on depositing installments as per schedule hi the facts of the case, petitioners are not entitled to raise objection against charging of compound Interest - Petition dismissed - Hartley Singh v. Housing Board Haryana, 2009(2) Haryana Law Reporter 627 Discrimination - A press corrspondent, subsidised in house rent by State Government - Chandigarh Administration cancelled the allotment, taking the view 504 Haryana Housing Board Act, 1971 (as extended to Chandigarh) that allottee was a mere licensee as the subsidy in rent was withdrawn by the State government - Held, such a stand on the publ ic authority is not in consonance with the constitutional ohligation of the Government and its functionaries - Order of the Chandigarh Administration held to be illigal - Rajinder Kumar v. U.T Chandigarh, 1983 H.R.R 410. Enhancement of price - Petitioners were allotted houses at the rate of Rs. 1,20,700/- for ground floor and Rs. 1,15,700/- for the 1st floor-Additional price of Rs. 20,500/- and 19,600/- was demanded for Increased cost of construction and Rs. 626V- and Rs. 2906A respectively on account of compensation of land - No justification was given for the enhancement of price and only justification was given that the work of construction by earlier contractor was not completed within time - The action of the Board enhancing the price cannot be sustained and is violative of Article 14 of the Constitution of India - Krishan Lai v. Housing Board Haryana, 1994 HRR 207. —Petitioners were allotted multi-storoyed flats at Manimajra by the respon dent Board - In category I tentative price of the flat was Rs. 4 Lacs and in category II it was Rs. 3 lacs - Subsequently the price was enhanced to Rs. 6-25 lacs and 4.75 lacs respectively, to be deposited by the petitioners - No reply was given to the representation made to the Board - Held, there is no justification for increasing the price arbitrarily - Notice of enhancement of prlee field liable to be quashed - However, it will be open to the Board to take fbrther action in accor dance with the terms and conditions of the contract in question - Dalbir Singh Bhagat v. Chandigarh Administration, 1993 H.R.R. 514 D.B. —'The Chandigarh Administration decided toatlotsome land forconsrructionn often shops to Chandigarh Housing Board at the rate of lis. 500/- per sq, yard - The Board, thereafter invited application for allotment of these shops in the year 1983 and again in 1986 -The allottees were issued demand cum allocation letters demanding Rs. 3.5 lakh each plus balance amount of Rs. 1,5 lakh to be paid after the delivery of possession of the shop - It was in the year 1989 that the Board fixed and demanded Rs. 12,05,514/- against the tentative price of Rs. 5,00,000/- as advertised earlier - Held, the price as demanded by the Chandigarh Adminis tration vide its letter dated 31.10.1989 is hereby quashed with the direction that the allottees may be given possession of the shops at the rate of land as advertised earl ier - Major General Ram Singh (Retd,) v. Chandigarh Housing Board, I991HRR375. - * Escalation of price - In the instant case an LIG house was allotted at the cost was Rs. 45,000/- - Subsequently allottee was informed that escalation cost was raised to Rs. 2,08,000/- as final cost i.e. 4-7, times of original cost - As per terms of brochure price could be raised upto 10% only - Allotment authorities acted in an arbitrary manner not only in enhancing the price but also in delaying the possession - Order of High Court yetting aside the escalation of price upheld - Kanpur Development Authority v. Smt. Sheela Devi, 2004(1) H.R.R. 1 S.C. Instalment - Reduction in period - Petitioners were allotted houses by the respondent -Total amount was to be paid in instalments spread upto 10 years - Period of payment reduced from 10 years to 8 years - The action of respondent redacting the period is illegal and not binding on the petitioner - The order of reducing the period cannot be sustained - Krishan Lai v. Housing Board Haryana, 1994 H.R.R. 207. Interest on deposit - Respondent, Housing Board Haryana agreed to com plete the construction of allotted house within 2 years from the date of allotment - Haryfltia Housing Board Act, 1971 (as extended to Chandigarh) 505 i Petitioners deposite'd the amount in the year 1980 and 1982 - Houses were allot ted in the year iy«y - Petitioners held entitled to interest on their deposits at the rate which is paid by the Nationalized banks in Saving Hank Account - Ki'lshan Lai v. Housing Board Haryana. 1994 HRR 207 Misuse of premises - Misuse of premises by allottee who laiscd unauthorised construction on allotted land-Though allottee hecamft absolute owner ofallottcd plot still local authority has jurisdiction to regulatethe violations or misuse of property by the allottee - Commissioner or any other officer authorized by Corporation has discretionary power to compound any offence u/s 383 of Maryann Municipal Corporation Act - But such power should be exercised with abundant caution by authority concerned - Sut-esh Kumar v. Municipal Corporation, Faridabad, 2006(2) HRR 306 D.B. Power of resumption - Constitutional power - No constitutional invalid ity can be imputed to power of resumption under the Act, The very concept of a planned urban development is now a well recognised social norm of a welfaie State challenge to constitutionality ufpruvisions uFAel on the basis ofprinclples enunciated on Otga Iblls case AIR 198(3 S.C 180 cannot be sustained - Sural Shlgh v. State of Haryana, 1990 PLJ 126 D.B. —Weapon of hist resort - Where construction ofbuilding was to be started within two years as per condition of allotment letter The allottee could not stmt construction within the stipulated period as the actual possession of the plot was not delivered to him by the authorities. Held, order of resumption on the ground of failure to construct the building within the said period is wholly arbitrary. Power of resumption must be used as a weapon of last resort with ^reat caution by the authority under the Act - D.N. Kajriwal w State of Haryana. 1987 PLJ 532. Pricing - Petitioners were allotted houses at the tentative price oFRs. 15,000/ - per house - Subsequent price was revised to Rs. 62,H007- due to rise fn aost of building material,,, labour charges and other reasons - Petitioners had given their consent for such increase from time to time.- There is no illegality in the demand of enhanced price by the Board - Moreover, Courts cannot go into the question of ijricingofhoustjs- Petition dismissed -Parmanand'v. Chairman. Housing Board laryana, 1996 H.R.R. 559. Resumption and Natural justice - Where no notice was issued to guard ian of the petitioner who was a minor, the resumption order was quashed - Sural Singh v. Stale ofllarya/ia, 1990 PLJ 126 D.B. Resumption and opportunity - Where the order of resumption was in respect ofbuilding in occupation uftenants along with the owner it was held that both owner as well as tenant are entitled to be heard before an order of resump- Lion is passed. In the absence of any material to show the issuance of such notice, the order of resumption was qtKished - Surat Singh v, State of Haryana, 1990 PLJ 126 D.B. Transfer of plot - One Smt. Prem Lata was allotted an MIG House on hire purchase basis - Price of the dwelling unit was fully paid and all formalities were completed within the stipulated period - The provisional permission for the trans fer of allotted plot in favour of Ihe petitioner was granted by the Board - Transfer fee was deposited after the stipulated period with in wh teh the affidavit and indem nity hond was to be furnished - Delay in deposit of fee and other document not to stand in the way of transfer of the plot - The Board is directed to intimate the amount of conveyance du«d charges to be deposited by the petitioner within 15 days and then to transfer the dwelling unit rn the name of thg pctif ioncr Mis. M. Bali v. Hoi/sing Board Haryana, Chandigarh, 1994 1IRR 88, 506 1 Tar/ana Housing. Board Act, 1971 (as extended to Chandigarh) UnnutlioiUed Construction - A dwelling unit was allotted to petitioner under the calory of "Economically weaker scclion" at Maloya eu cniy at Chandigarh who raised unauthorized construction on Government land -Allplineiit c l Sw for violation of term, of allotment letter^ Pttitiom* *toP{£>« ". J "g for long period - No relief granted to him - Petition dismissed - Suraj u Union Territory Chandigarh, 2008{2) liRR6'34 L>.B. v3id/invftlid order of allotment - Mere reminding through * l*«*fr to take possession of a house which already is allotted to another person, cannot be termed Ss a"order of allotment - Sumer Chand Bhalt v. Tfie Housing Board, Haryana, l9W Violations of conditions - Cancellation - Peliuui.ei was allotted an HtG House under Self Financing Scheme- The main cond.t .on of allotment was that no family member of Allottee should be owning any house within the h mfc of Tricity i o Chand igarh. Mohall and Panchkula - But in the present case husband Xi was owning house in Panchkula ancI this fact was not disclosed by petitioner She had suhmTtted a false affidavit in this regard - Pet.tfoner can ^ck no relief from the Ouurt in this regard or. allotment was »8h«y ^ l l cd by auftorifr below - Petition dismissed - Shasta Bala v. Chandigarh Housing Board, 2014(2} Harvana Law Reportei 52G D.B. Violation of legal provision - Encroachment - Show cause nofcu - nrlevancc of the petitioner is against a show cause not.ee by respondent tor encroachment on government land and issuance of notice w .^^'T' authority - The plea that issuance of notice under Punjab Capital Act and also under Housing Hoard Act is against law - Held the objection is without any men in view of decision rendered by this Court in Paramjeet Singly case deeded on A T ?n I ? (CWP No 10970 of 2007) when it was held that i apital of Punjab ACt t 1952 is applicable to urban as well as rural area of UT, Chandigarh as envisaged by section 4 of the Punjab Reorganisation Act, L966 The objection is repelled - But as no opportunity of hearing after issuance of notice and passing of an order was given to the petitioner, the impugned outer is not legally susUnnable- Impugned Older quashed - Case remanded to pass an order after hearing the petitioner - Petition allowed - RS. Sawhneyv. Chandigarh HousmgBoard, 2012(1) Haryana Law Reporter 499 D.B, CASES UNDER CONSUMER PROTECTION ACT, 1986 The Housing activities carried on by the Statutory Authoritiesi or P»vafe builders come within die purview of the Consumer Protection Act WW - as held in Luchurw Development Authority v. M.K. Gupta's case 1994 (1) CPC I 3.C. . It has been observed in this case by the apex Court that when any statutory authority develops land or allots a site or construct a house for the benefit ot common man, it is as much service as hy the builder oi a contractor -The caseu dealing with the subject of plots, flats or houses decided under the Consumer Protection Act are being discussed below > . _ Allotment - Allotment made by Housing Board to 235 members ot the respondent/society - Society introduced6 new memhers which delayed the allot ment of additional land- Housing Buard not liable foi delay in allotment which was caused by Society itself- Chandigarh Housing Board v. Krishan Kvmar CW, 2009(2) CPC 390 N.C. Haryana Housing Board Act, 19/1 (as extended to Chandigarh) 507 t Allotment through lottery - Demand of extra charges for allotment of corner plot as per rules is not illegal even if it is a draw of allotment by lottery - Estate Manager, M,K Housing Board v. Rajesh Kumar Gupta, 2010(1) CPC 376 S.C Conversion in freehold N.O.C. - Pctitioncr/OP refused to issue NOC 3ua allotted house fbr conversion it in freehold on vague grounds — Kora below irected OF to issue NOC - Impugned order held to bo justified - 2012(2) CPC 362 N.C. Demand of inflated price - All the authorities below d ismissed the plea of the pel it inner who raised false demand against the allottees —Continuity of frivolous litigation should be discouraged Petition dismissed with penal cost of Rs. 1 lac- 2013(1) CPC 630 S,C. Extra charges for corner plot - Demand of extra charges For allotment of corner plot as per rules Is not illegal even if it is a draw of allotment by lottery. lottery- Estate Manager. M.P. Housing Board v. Rqjssh Kumar Gupta, 2010(1) CPC 376 SC- Housing allotment - Allotment under Hire Purchase Agreement - Mous ing Board demanding enhanced price illegally — Complainant not liable to pay . enhanced price Deficiency in seiviee proved - Housing Board Haiyana v Lekh Raj, 2009(3) CPC 686 Hr. Housing Board - Allottee transferring plot to another person against terms nf allotment -Not entitled to relief for delay in delivery ofpossess ionby Houaing Board - Chandigarh Housing Board v. Kapur Singh Qrewal, 2000(1) CPC 112 Chd. —Allottees not entitled to raise the question ofpricing of flats or plot under the Consumer Protection Act - Punjab Housing Development Board v. All India Defence Personnel Welfare Association (Regd.), 1995(1) CPC 310 N.C. -—Application for allotment of house in violation of Rules - Cancellation of allotment by Housing Board justified - Preeti Ahluwalla v. Chandigarh Hous ing Board, T 999(1) CPC 6S Chd. —Authority of Housing Board in fixation oFprice of plot/flat is not open to challenge under Consumer Protection Act - National Consumer Awareness Group (Regd.) Chandigarh v. The Hovstng Commissioner, Punjab Housing Development Board, 1997(2) CPC 60P N.C. —Board not bound Lo pay repair expenses unless proved by cogent evi- donoe by allottee complainant - Chairman, Tamil Nadu Housing Hoard v N Sivasailam, 1996(2) CPC 337 N.C. _ Cancellation of allotment of house due to violation of Regulation - Board m liahle tn refund after deducting 10% of deposited amount • Chandigarh Hous ing Board V. Surindcr Pall Sons, 2004( 1) CPC 413 N.C. —Complainant taking possession of house without any protest - Claim for amount allegedly spent on house, cannot be accepted - Sushi! Kumar Gupta v. Housing Board Haryana and Another 1996(H) CPC 35 Chd. t —Complainant who had deposited Rs. 1,10,000/- for house allotment was not allotted the house for three years - Housing Board held liuble to compensate the complainant - U.P. Avas Evam Vikas Partshad (Housing and Development Board) n C.P. Sharma and Others, 1991 CPC 327 N.C. —Complainant's house was reallotted to another person as ha had failed to comply with the necessary condition - Housing Board not liable fnr definient ser vice - Ramrsh Chand v. Chandigarh Housing Board, ,1996(2) CPC 25 Chd, Harynna Housing Board Act, 1971 (as extended to Chandigarh) 503 —Complaint against charging of escalated price by Housing Board - Order of State Commission awarding escalation cost upto 20% and direction toremove the defects upheld - Harendra v. M.P Qrih Nirman Mandal, 2002(2) CPC 131 N C. Complaint regarding allotment of defective house is maintainable under the Consumer Protection Act - Dilbagh Rai v. Housing BoardJTaryana, 1994(2) CPC 435 N.C. Cracks appeared in the walls of flat allotted to complainant - Housing Board held liable to pay Rs. 25,000/- to complainant - Prof. R. Shanmugasundaram v. Tamil Nadu Housing Board, 1997(2) CPC 384 N.C. Delay in allotment of house without sound reasons - Housing Board is guilty of deficiency in service - Rajasthan Housing Board, Jaipur v. Dr. Veer Singh Mehta, 1997(1) CPC 412 N.C. Del?y in delivery of possession of flat due to non- supply of water and electricity- Housing Board not liable for delay-/1. Oopala Subramaniam v. Vice Chairman, A,P.H.H., Hyderabad, 1995(2) CPC 223 N-Q Delay of 7 years in delivery of possession of allotted house - HUDA is liable to pay 18% on deposit starting from two years afterdate of deposit- H. U. D.A. v. Deviea Jaswal, 2003(1) CPC 111 N.C. -, u —Demand of balance amount from allottee was made in 1992 by Housing Board - Payment was made in 199* - Allottee directed to pay 12% interest for delayed period - M.P. Housing Board v. Jagat Kishore Khare, 2002(1) CPC 186 N.C „ . „ , , .- Directions can be issued to the Housing B oardJ jfror removal otc de ctect in the houses - Directions concerning schools or roads facilities cannot be issued - Secretary, Orissa State Housing Board v. The Chandra Sekfiarpur Housing Board Colony Unnayan Samiti, 1994(1) CPC 376 N.C. —Housing Board cannot be burdened with a disproportionate compensation by consumer Fora - Bihar Stale Housing Board v. Frio Ranjan Roy, 1997(2) CPC 430 S.C. —Housing Board charging higher price than 10% of the indicated price of plot and delaying the possession - Allottee entitled to refund of excessive price with 18% interest - M.P. Housing Board K Ashok Chandra Varshmy, 2003(2) CPC 7 N C —Housing Board delayed possession of flat for three years after receiving payment - Directed to pay Rs. 22,000 as compensation - Chandigarh Housing Board y. Daljit Singh 2001(2) CPC 133 Chd. Housing Board failed to complete construction of house within stipulated period - Hetd guilty of deficiency in service - Rajasthan Housing Board v R.C. Bhandari, 1997(1) CPC 465 N.C. —Housing Board failed to construct house in agreed time after payment - Directed to refund entire amount with interest after deducting 20% of initial de posits - Bihar State Housing Board v. Gauri Shankar Singh, 2003(2) CPC 262 N C "' —Housing Board failed to construct the houses in time due to paucity of funds - Deficiency in service not proved - Prem Lata (Mrs,) V The Punjab Housing Development Board. 1994(1) CPC 25 Pb. —Housing Board misleading complainant about grant of loan from his em ployer cancelled allotment despite payment of initial price - Housing Rnard di rected to refund the amount with 18% interest - Allam Aslam v. The Chairman, i. Tamil Nadu-Housing Board, 2003(2) CPC 505 N.C. I Haryana Housing 3oard Act, 1971 (as extended to Chandigarh) 509 —I lousing Board though is statutory Body is not exempted from the provi sions of the Consumer Act - Directed to make its Rules "fair and just" to the public - Punjah Housing Development Board v. Shri Anil Shanna, 1991 CPC 601 Chd. —Housing board, respondent not receiving the cheque though due to mis take of another statutory body - Respondent is not at fault - Dr. Sunii Kumar Wad/jwa v. U. P. Avas Evam Vihas Parishad, 1991 CPC 523 N.C. —MIG flat constructed by the Housing Board found in dilapidated condition - Board directed to refund enf ire price with 12% p.a. interest and costs - Housing Board, Haryana through its Chief Administrator v. Shri Ramesh Kumar Cioel, 2002(2) CPC 362 Chd. —No Objection Certificate denied to allottee who failed to raise construc tion - Order uf cancellation of plot is unjustified - Chairman, Tamil Nadu Hous ing Board v Pitchaimuthammal, 1996(2) CPC 339 N.C. —Non delivery of possession of house despite payment of full amount - Housing Board directed to pay Rs. 5U,00U/- as costs - Rajasthan Housing Board v. Prakash Chand Jain, 2001(2) CPC 661 N.C. —Pricing policy of Housing Board cannot be challenged under the Con sumer Protection Act - Housing Board Haryana v, Kartar Singh etc. etc., 1995(1) CPC I N.C. —The MRTP Commission based it is finding on unfair trade practice against Housing Board on no evidence - Order of Commission set aside - Rajasthan Housing Board v. Smt. Parvati Devi ate, 20UU(2) Cl'C iyy S,C -—Total price of flat paid - Delay of 7 months in possession - Housing Board directed to pay 12% interest on deposited amount - Chandigarh Housing Board u Shri Harjinder Singh, 2002(2) CPC 316 Chd- . —Undue delay in sanction of zoning plan resulting in delayed pnssussiuw uf plot - Housing Board directed to pay 9% p.a. interest on deposited amount - Krishan Kumar Goei, Advocate v. Chandigarh Housing Board, 2003(1) CPC 396 Chd. —Wife allotted a house - Hushand rightly declined allotment by Chandigarh Housing Board - P.S. Sawhney v. Chandigarh Housing Board, 1999(2) CPC 229 N.C. Housing complex - No provision for providing lift in agreement - Com plaint regarding lack of facilities of lift dismissed - /. Parthasrthy v, M/s, Homejiyiders Housing Promoters Ltd., 2002(7.) CPC 94 N.C. Housing construction - Delay in construction of house by Development Authority within time due to factors beyond its control - Deficiency in service not proved - SomimurtUura v. The Mysore Urban Development Authority, 1994(2) CPC 414 N.C. • —Delay of seven years In delivery of possession of allotted house - Com plainant held entitled to compensation - HarbanS Singh V. Lvcknow Develop ment Authority, 1994(1) CPC 3K1 N.C. Housing loan - Provisions of Bihar Coop. Society Act no bar ty complaint against charging of higher interest on housing loan - Ram Deo Singh (a). Ram Dev Prasad Singh v. Bihar State Housing Coop. Federation Ltd., 2003(2) CPC 564 N.C. Housing scheme - Complainant deposited Rs. 3000A in 1989 as registra tion amount lor allotment - Scheme abandoned in 1996 without reason - Com plainant entitled to 18% interest nn deposits - Punjah l/rhan Development Atf thority v, Shri Jnder Pal Singh, 2002(1) CPC 389 N.C. 5 10 Haryana Housing Board Act, 1971 (as extended to Chandigarh) —House not allotted even after receipt of 55% price - Authorities directed to refund deposits with 18% interest - George Thomas it Ght&iabad Develop ment A uthority, 1999( 1) C PC 183 N.C. Housing service - Delay in delivery of possession by six years - Opposite parties liable to pay 18% interest on deposited amount - S.K. Jain v. H,U,D,A., 20040) CrC 33 KC- —Extra amount as alleged wa$ not charged from complainant - OP not liable For deficiency in service - Jugal Kishore Mahasfavari v. BhQpal Devel opment Authority, 2002(1) CPC 19TN.C. —Housing Board accepted request 61 ullotee to accept the instalment as in cn-?c of hire purchase Board can not resile from its undertaking - Petition dis missed - Raj. Housing Board v Murali Lai Jaiman, 2003(1) CPC 110 N.C. —PUDA failed to deliver physical possessionof allotted house - Directed to pay Rs. 500/- p.m. till date of delivery of possession along with Its. 20,000/- - Punjab Urban Planning & Development Authority v. Ram Murti, 2002(1) CPC 559 N.C. —Undue delay in delivery of possession of hOUSO - Award of interest @ 18% after two years upheld - GD.A. v. R-G. Swcena, 2002(2) CPC 82 N.C. —Undue.delay in delivery of possession of house OP Greeted to pay 16,5,% r interest on deposited amount-? 'Leptmah Kumar Harwani v. M,P, State Co-op. Homing Complex. 2003(1) GPC-229 N.C. Judgement iu rem — Judgement iu.rem is binding not only to parties but upon all the world^-2009(1) CPC 443'RC; • .-" •.':„. j~ ' Limitation - Cause uFaeliuii arose in-1998 when possession was delivered - Complaint Filed in 2002 without explaining delay is barred by limitation - Chandigarh Housing Board v. Krishan Kumar Gael. 2009(2) CPC 390 N.C. Price of Hal— Price re-determined in LPA whose complainant was not a party - T,PAjudgement norbinding upon ailottec complainant—2009(1) CPC 443 N . C. ••- ' ' ".- .'• • •• ' .. Rate of interest - District Forum-allowing complaint directed OP to pay compensation and cost with 16% interest - Interest being On higher side reduced from 16°/a to 12% r Rest of the order left undisturbed - Madhya Pradesh Hom ing Tiaard v. CIS. Ddkeria,. 2009(3) CPC 678N.C.. Review —An orderpassed by the pora. cannot be reviewed in the name of correction of typographical error - M.P.,Housing Board v.Jagdish Prasad Maheshwari, 2010(2) CPC 451 RC; >^^',-;.,;. './' ••:;..;< . Typographical error1- An order passed by die Fora.eannot be. reviewed in the name of correction of typographical error - M.P. Homing Board v. Jagdish Prasad Maheshvfari, 20,10(2) CPC 451 N.C. 45, Disputes.regarding rc-constittttion of plots. - (i) Where by the mok- " ing of a housing scheme, any plots compHsed-injhca^aineludcd In.the scheme are reconstituted or any person is dispossessed, the Board shall after making such inquiry as it thinks FIE award to. the person affected by such re-constitutipn or . dispossession such compensation as Udccrris reasonable. If the person J3 dissatis fied with the decision of the Board inihe motter,;hc,may informthe.Doard'accbrd- ingly. The Board shall there up oirrefcr the matter to tup Tribunal, \, '"•''•'••: (2) The Tribunal shall then after making an inquiry dcteimhie the amount of' •;' compensation and direel the Board lu pay the same (o the.person euncemed. Harytuiii Housing Board Act, 1971 (as extended to Chandigarh) 5 11 CHAPTERV Tribunal drf. Trthunat. - TheTrihunal shall he the District Judge having jurisdiction In the area concerned. 47. Duties of Tribunal. - The Tribunal shall- (a) decide whether Hiiy compensation is payable under section 31 , (b) decide the amount of compensation in matters referred to It under section 33 , (c) decide disputes relating to betterment charges referred to it under section 41 ; (d) decide disputes and the amount of compensation to be awarded under section 45 : and (e) decide such other matters as may be prescribed by the rules made in this behalf. 4S. Powers ofand procedure before Tribunal, - (1) In making enqulrlesthe Tribunal shall have and exercise n3 for as may bo the same powers and follow the same procedure as under the Code of Civil Procedure, 1908. (2) bveiy order made by the Tribunal tor the payment of money and for the delivery of the possession or removal of any structure shall be enforced by the District Court as it it were the decree of the said Court. (3) The proceedings before the Tribunal shall be deemed to be judicial pro- ceedings within the meaning of sections 193 and 228 of the Indian Penal Code. 49. Decision of Trihunai to be final - The decision of the Tribuna I on any matter referred to it under this Act shall, subject to the provision of section 50, be final. 50. Appeal to the High Court. - The Board or any person aggrieved by a decision of the Tribunal may within three months from thedatenf the, decision or such further time as Mm High Court may for sufficient cause allow, appeal to the High Court and the High Court shall pass such orders on the appeal as it thinks fit. CHAPTER VI Power to Evict Persons from Board Premises 51. Power to evict persons from Board Premises- - (1) if the competent authority is satisfied,— (a) that the person authorised to occupy any Board premises has— (i) not paid rent lawfully due from him in respect of such premises for a period of more than two months J or (II) sublet, without the permission ofthe Board the whole or any part of such premises ; or (Hi) Otherwise acted in contravention of any nf the terms, expre.<tsed or Implied, under which he is authorised to occupy such premises ; ur (b) that any person is in unauthorised occupation of any Board premises: the competent authority may, nutwithstandinganything contained In any law for the time beiuy in force, by nutioe served by post or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or In such other manner as may be prescribed, order that the person as well as any other person wliu may be in occupation of the whole or any part ofthe premises, shall vacate them within out: month from the date ofthe service ofthe notice: Provided that no such Order shall be passed unless the person has been afforded an opportunity to show cause why such order should nut, be made. 5 12 Havana [lousing Doard Act, 1911 (as extended to Chandigarh) (2) IFany person iftCusps or fails to comply with an order made under sub section (I.), the competent authurily may evict the person from, and take posses sion of the premises and may Tor that purpose use Such force as may be neces sary. (3) If a person, who has been ordered to vacate any premises under sub clause (1) or sub-clause (HI) of clause (a) of SUb-seotion (1), within thirty days of the date of service of the notice n sndi longer time as the competent authority ( may allow, pays to the Board the rent in arrears or carries out or otherwise com plies with the terms contravened by him to the satisfaction ot the competent au thority, as the case may be, the competent authority shall, in lieu of evicting auch person under subsection (2), coned its order made under sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him COMMENTARY Allotment - Housing Buurd - Eviction - Entire payment was made for allotment of house including mf«iest- Prescribed date forpayment was 30 3 1US2 - Only minor amount (Ks. HOW- only) was deposited after d. said date - Col lector c passed an order of eviction against petitioner under Section 51 of Haryana Hous ing Board Act for not depositing (he entire amount before the proscribed date - Order of eviotion not legally sustainable - Petitioner was neither in unauthorised possession nor he had defaulted in payment of rent etc. but he was an owner of die shop when order of ejectment was passed against her - Petition accepted - Raj Kumar V. Housing Board Haryana, 2004(1) H.R.R. 380 Cancellation of house iiilutmunt - Discretionary powers- Petitioner (orici- rial allottee) depositing R. 10,000/- wiUiin the stipulated period in pursuance oTa s loner issued by the Chairman of the Housing Roard Haryana. Payment for addi tional amenities also agreed to be made - Acceptance thereof by the Hoard also made - Housing Roard communicating letter to the new allottee of the house in a dispute informing hiin to take the possession thereof- No opportunity of the hear nig given to the original allottee - Order of the Housing Board liable to he set aside - Order quashed - Sumer Chant/ Bhatt v. The Housing Board Haryana 1984 Misuser -The petitioner was allotted a dwelling unit in Maloya colony under Economical Weaker Section Scheme - He raised unauthorized construction in front of his house On Government land and Started a Karyana shop (herein - Authorities: concerned cancelled the allotment and forfeited the deposited amount - Before cancellation of allotment many notices were served on him but the same weren't responded- to - Petitions filed by him were dismissed as time barred giving rise to pr&sent writ petition The order of eviction was sed in 2002 whereas petition was [WS tiled in 2007 - Moreover he did not make any attempt to remove the violation even during pendency of proceedings No relief can be given to petitioner for his Callous ?oJ> " Petition dismissed - Sura) v. Union Territory. Chandigarh, 2008(1) MRR ^••'" * * * ** S?,* Power to recover '{rent, loan] or damages as arrears of land revenue. - (1) Subject to any rules made by the "[Administrator] in thisbchalfand without prejudice to the provisions of section 51, where any person is in arrears of rent payable in respect of any Bnnrd prcmi3C3 ^or arrears of instalments payable in • Sub3lflutcd by Chd. Aditm. Gaz. Nutificntinn daicd 13J-197*5 at papa 31*35 1. Substituted by Hr.ActNo. 10 or 19SP ss extended to Uituidigarh published on 2-1-1991 2. Jusertnri tiy Hr.ActNo. 10 Of I98f ns extended lv Churidj>.fii-h published OJI 2-4-1991 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 5 13 respect of any Joan advanced by the Board for construction, reconstruction or repair of a house] the competent authority may, by notice served by punt or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed, order that person to pay the same within such time not being less than thirty days as may be specified in the notice. If such person refuses or fails to pay the arrears of rent 2[or the arrears of instalment of loan] within the time specified in the notice, such arrears may be recovered as arrears of land revenue. (2) Where any person is in unauthorised occupation of any Board premises, the. competent authority may, in the prescribed manner, assess such damages on account ofthe use and occupation ofthe premises as it may deem fit, and may by notice served by posts, or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed, order that person to pay the damages within such time not being less than thirty days as may be specified in the notice. If any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered from him as arrears of land revenue. COM IVIKNTARY Arrest and recovery of loan - Where the terms of agreements make it clear that the Government has first to proceed against the property mortgaged and sell the property in oase the House Building Society loan is not paid by the loanee - It was held that the Government being bound by the terms ofthe agree ment, has first to proceed against the mortgaged property - The amount could not be recovered by arrest of the members ofthe Society in the first instance - State of Punjab v Dharam Singh, AIR 1985 S.C. 1751 Auction of the site — Deduction - Petitioner failed to deposit balance 6QVa amount and surrendered the plot — Housing Board refunded the deposited amount after deducting 10% amount as per terms of auction of site — Deduction is justifiedI - Hem Raj Housing Board Haryana, 2014(1) H.L.R. 283 D.B. Injunction Against recovery - The order of fixing liability was passed in violation of principle of natural justice - The party affected was not provided proper opportunity of hearing before passing the Impugned order - Order held to be void - Civil Court can grant injunction against the recovery - M/s. K.K. Indus tries v. Union of India and others, 1988 PLJ 588. Recovery of arrears as land revenue - There are eight steps postulated under Section 67 of the Punjab Land Revenue Act, under sub-heads (a) to (h)and arrest and detention ofthe person of defaulter is one step - Where the petitioner's husband, obviously in arrears of House Building Society, was straightaway put to arrest and detention without resorting to other steps envisaged under Section 67 ofthe Act, the order of detention was set aside by the Division Bench ofthe Punjab and Haryana High Court - It was held that arrest and detention of a per son, in such cases, should be the last resort and arrears should be recovered firstly by other means of recovery under the Punjab Land Revenue Act - Gomti Devi v. Kalka Co-operative House Building Society, 1988 P.L.J. 416 (D.B.) = 1989 (2) Rev. L.R. 296. AAA S3. Rent to be recovered by deduction from salary or wages In certain cases. - (I) Without prejudice to the provisions of section 51 any person, who is an employee ofthe "fAdministrator] or a local authority and.who has been allotted * Substituted by Chd. Admn. Gaz. Notification dated 13-3-1975 at page 34-35 514 Maryana Housing Board Act. 197 L (us extended to Chandigarh) any Board premises, may execute an agreement in favour of the "[Administrator] providing that the '[Administrator] ftr the local authority, as the case may be, under or by whom he is employed, shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the Rnard in satisfaction of the rent due (torn him in respect of the Board premises allotted to him. (2) On the execution of such agreement, the '[Administrator] or local au thority, as the case may be. shall, ifso required by the Doard by requisition in writing make the deduction of the amount specified in the requisition from the salary or wages of the employees specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board. ir53-A. Penalty- - (I) If any amount due under the Act or the rules made there under is not paid by any person in compliance with the orders of the compe tent authority, such authority may, after Riving such person an opportunity of being heard, impose upon him a penalty not exceeding twenty five per cent of the amount due, if it has reason to believe that the person liable to pay the amount has willfully failed to pay the some. (2) If the penalty imposed under sub-section (1) is not paid within a period of thirty days the same shall be recoverable as arrears of land revenue]. 54. Appeal. - a[(l) Any person aggrieved by an order of the competent authority may within thirty days from the date of— (i) the service of notice under section S1 or section 52; or (ii) the imposition of penalty under section 53-A prefer an appeal to the '[District Judge ot the uistriet in which the premises of the Roardare Situated or such other Judicial Officer in that District as the '{Administrator} may, in consultation with the High Court, appoint in this behalf]. Provided that the appellate officer may entertain the appeal after the expiry of the said period orthirty days, if he is satisfied that the appellant wfi3 prevented by sufficient cause from filing the appeal in time]. (2) Where an appeal ia preferred under sub section (1), the appellate officer may stay the enforcement ofthe order of the competent authority for such period ana on such conditions as he deems tit. (3) Every appeal under this section shAll he disposed of hy thB appellate officer as expeditiously as possible. COMMENTARY APPEAL Appeal is a continuation of original cause - An Appellate Authority is competent to correct an error committed by the lower Authority, without remand ing the case back - The power of remand should be used with groat circumspec tion - Om Parkash and others v. Joint Director Panchayat Punjab 1987 PLJ 273 - 1987(I)PLR674. Creature of Statute - Legislature can impose conditions for exercise of euch right - There is no reason why the legislature while granting the right of + Substituted by Chd. Admn. Gat Notification dated 13-3-I97S t page 34-35 tt I. Inserted by Hr. Act No. 47 ftf l<J7d 2.8cu Hr.AulNo. 47 of 1974 3. Substituted vide Chandigarh Administration Ga?,. Nohflefttion tinted 2-4-1991 nt page 339 Haryana Housing Quuid Act, 1971 (as extended to Chandigarh) 5 IS • appeal cannot impose condition for the exercise of 3uch right 30 long as the conditions are not so onerous as to amount to unreasonable restriction rendering the right almost illusory - Setft Nand Lai and another v. State of Haryana and others • AIR 1980 S.C. 2097. Merger -Appellate hearing is a rehearing of the whole subject matter and when a decree is passed in appeal, the first riftr.rftft merges in the appellate decree - Sadhu Singh v Dharam Dev etc, AIR 1980 S.C 1654. Pywisr -An appellate Court has the same powers as conferred on the Courts of original jurisdiction - A decree passed by an Appellate Court is deemed to be a fresh decree - Once appeal is filed against the decree the Appellate court has seision of the whole matter - Shrimati Glta Devi v. EC. Haryana 1937 PLJ 265. Revision - A person who is not a party to an order is not entitled to file a revision against the impugned order - Statu ofHaryana v. Vinod Kumar, 1986 <1) PLR 222 - 1986 PLJ 161 (F.B.). See also 1985 HRR 570, Right of Appeal - It is vested right of litigants which accrues at the date of filing ofeuit- Rightofappeal is governed by law prevailing at rhedate of institu tion of the suit and not at the date of fllins of appeal - Suit. Kurtar Kaur v. State ofHaryana, AIR 1986 (P & H) 99 - 1985 Rev. L,R. 137. - Right of an appeal is a substantive right- It is not a procedural maiter-ft cannot be restricted in the absence of an express provision to the contrary - Such provision should not be construed narrowly - Kanzhi Ram v. Subcdar Shri Ram etc. AIR 1980 (P&H) 145 : 1980 Rev. L. R. 225 : ILR (19S0) 2 F&l-l 195. Statutory right - Appeal is a Statutory right - Litigant cannot claim their right unless It is provided in the Slalule - Absence of such right in Statute does not render it unconstitutional - Subedar Munshi Ram and another v. Stato of Haryana - 1979 PLJ (F.B.) 489. Subsequent events - Appeal Is a rehearing of the case - Appellate Court entitled to take into account subsequent event - Santakh Singh v, Lajja Ram, AIR 1986 (P & II) 34<J - 1986 Rev. L.R. 444.

LIMITATION Acknowledgement - Mortgagee's right - Where the receipts of consid eration ofniorlgage money did not indicate that their makers intended to admit the substring mortgagfis and that the right to redeem was subsisting thosii receipts will not amount rn an acknowledgement within the meaning of S. 19 uf (lie Limi tation Act - Bachint Kaur v, Gvrnam Kaur - 1991 ll.R.R. 28. Cause of action - Time starts from the date when the cause of action first accures - Successive deailassd7 plaintiffs right does not furnish fresh causes of action in view oF Section 58 of Limitation Act - Saudager Singh v. Hamam Kaur, 1987 PLJ 248 -1987 (I) PLR 591. Condonation - It if. not necessary that a written application u/s 5 or the Act should be necessarily made - Cnnrinnntion of delay can be permitted on oral re quest of the party - Partap Singh v. State of Haryana 1979 PLJ 48 D.B. Condonation of delay - Where the legal representative? of the deceased respondent has been brought on record earlier too, the appellant connot say that they had no knowledge that the LR's of the deceased appellant were to be brought on a record - Plea of lack of knowledge of period of limitation not accepted - Application for setting aside abatement proceedings after one year alter the death ofthc deceased appellant was dismissed, beingbarred by time - Jai Ram v. .fagat Ram 1991 H.RR. 102. Extension of time - Presumption - Where the, decree-holder was al lowed to deposit the amount ofsecunty after the due date without extending the 516 Haryana Housing Board Act, ] 971 (as extended to Chandigarh) time - It was held that extension of time is presumed to he allowed even if no application was filed in this regard - Amar Nath Jain v. Ram Parkash Dh/r - 1988 H.R.R- 47. •—Where the grounds of condonation i,c. negligence of the counsel etc. were not proved - Hwld, applicant cannot get any relief-Application for condona tion dismissed - The United India Insurance Company v. Svbhash Chander CJupta <md others - 1988 HRR. 297. —Delay - Allotment of dwelling unit made in 1989 was cancelled against which Wi it petition was filed in 1999 - Petitioner had been making repeated repre sentation regarding patent mistake committed by Housing Flcwim but without any suoceaa Board failed to pay any attention to the repeated requests otflllottce and no decision was convyed - Ohjectinn regarding belated prayer for relief through writ petition cannot be objected to by Board and cannot be allowed to take advan tage of its own mistake and inaction - Smt, Shashi Bala v, Chandigarh Housing Board, 2001 HRR 232 D.B. Limitation Courts are bound to took into the question of limitation even if no plea is taken by party in this regard - Cannmani Anasuya v. Parvatini Amarendra Chowdhary. 2008(1) HRR 476 PLC Mistake of Court -There is no time limit to correct Court's own mistake - Cliaimaat cannot be penalised for mistake of Court - Kartar Singh v. State of Haryana - 1986 PLJ 206. Mistaken advise - Litigant bona fide pursuing hie case in wrong court - Time should be excluded - Badlu v Shiv Charm. 1980 PLJ 214 = See also 1987 HRR 28. Redemption - Acknowledgement - The land, in dispute, was mortgaged by A in favour of B in the year 1921 who sold his mortgagee rights in favour of C in the year 1954 -The 3uit for the redemption was filed in 1973 - Limitation must be deemed to have started from the original mortgagee in the year 1921 and not in the year 1954 - Mohan Singh v. Jogar Singh 1991 HRR. 93. Time spent for copy - Benefit of day on which judgment is pronounced and time spent fur obtaining copy, should be given under Section 12 (1) and (2) of Ihe Act - Kashmir Singh v. MC. Kamut 1983 PL; 22 - See also 1986 HRR 665. Void order - Once an aggrieved parly is dispossessed in yicwofa void order - Limitation will start from the date of dispossession and outer limitation is 3 years - State of Punjab v. Gurnam Kaur 1984 PLJ 389. —When order is not void or without jurisdiction. Article 100 will apply - Kalia and another v. Chandu Lai - 1984 PLJ 360. —Question of limitation docs not arise where an order is void and without jurisdiction - Sueh orders can be ignored without getting them set aside - Sanvan Kumar v. Shy am Manglu 1989 H.R.R. 641. Void or nan set order - It is necessary to have such orders set aside • Snr.h cases, arc governed hy Art. 68 and not by Art. 100 of the Limitation Act - Rqfinder Singh v. Gur Charon Singh and others - 1984 PIJ 360, —Delay in depositing the security was caused because of the nun holding of the Court by the Presiding Officer being on leave and not because of the judge* ment-debtor - Security was deemed to have been filed within, time - Delay of four days ts condoned - Mukhtiar Singh v. M/s. Pakhar Singh Amir Singh and others- 1988 H.R.R. 583. —An action for enforcing a right Hied within the period of limitation as fixed by (aw cannot be thrown nut merely on the ground of delay - Dr. M.K. Satpekar v. Sum! Kumar Shamsuttder Chavdharl - 19SS H.R.R. 533. Haryana Housing Board Act, i 971 (as extended to Chandigarh) 517 r 55. Finality vf utters wid bar of jurisdiction of Civil Courts. - (1) Save as otherwise expressly provided in this Act, every o*dw njade by a competent authority or nn appellate ofHcer under this chapter shall be final and shall not be called in question in any original suit, application or execution proceedings. (2) No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter of which the cognizance can be taken of and disposed of bv any authority, empowered by this Act or the rules made thereunder. COMMENTARY JURISDICTION Jurisdiction - Allottee became absolute owner • Local authority under the Housing Board Act still has power to regulate the violations by allottee - Svresh Kumar v. Municipal Corporation, Faridabad, 2006(2) HRR 106 D.B. Adjudication - Debt Settlement Officer to adjudicate upon the qucstjon whether a loan is a deb! or a person is a debtor - In absence of any such decision Civil Court can go into the matter after giving proper opportunity to the parties • If the Civil Court comes to the conclusion that the matter is covered by the provi sions of the Act • It must stay its hands - Bhola Singh v. Lachhman Doss 1980 PLJ 232 (DB)= 1980 RLR 546 Consent -An order without jurisdiction is non-est - Consent does not make the order legal and cannot iuvest the Court with jurisdiction - Saraswati D&vl v. Sanl Rum and otters, 1983 PL J 249. , Interpretation - Is well accepted principle of interpretation or statutes that tho soope of the provisions of an Act would firstly hnvc to he determined per force of the language used or employed by the legislature in the legislation - The objects and reasons would be considered when the language of the Act is capable of two interpretations - Natural meaning of the language should be adhered to Vijay Kumar Bhambari v. Ram Nath Bnjaj 1990 H.R.IL 151. —Unless there is anything repugnant in the subject or context - In view of this qualification, the court has not only to took at Hits words but also to examine the context and collocation hi the light of the object of the Act and the purpose for which a particular provision was : lade by the legislature - Smt. Pushpa Devi and others, v. Mttkhi Ram I990 H.R.R. 123 (S.C.) The Central Government is empowered to extend to the Union territory not only the original enactment of the State Legislature but also the averments thereto made by the State Legislature - Ramenh Uriah etc. u Union of India and others - 1989 HRR 398 (S.C.) - 1988 HRR 433 (FB) upheld. Lack of jurisdiction - Question ofj urisdiction can be raised first time even at the times ofsecond appeal Where the original Court is lacking the jurisdiction - It can be raised even at the time of execution when the decree is a n,ullity - Ajtt Mohinder Singh v. Smt. Bhuni and others. AIR 1987 (P & H) 167 1986 Rwent LHWS 48. ' «. .. . n- t Merger - The order of the Add!. Director C/H was affirmed by the Single Judge of the High Court and the same was maintained in L.P.A dismissing the Civil Writ Petition - Civil court cannot proceed into the matter on the doctrine of merger - Darshan Singh v. Sub Judxe lit. Class, ffoshiarpur - 1988 H.R.R. 483. ' —Where the possibility of settlement, was more in the High Court than any elsewhere it was held that the High Court Was proper Forum to dispose of the case - Order of the High Court remitting the case to tho tiial.Court was set aside by the Supreme Court - Abbey Singh Surana v. The Indian Rayon and Indus trial Ltd.- 1988 H.R.R 506. 518 Haryana Housing Board Act, 1971 (as extended to Chandigarh) Non s*t order - A person who was not a party to an order passed by a Tribunal against him can fi le a suit for dteultinitiun to the effect that the Order is not binding upon him, and non est so for as he is concerned - Such person is not entitled to get such order declared void but can seek declaration that the order qua him is inetteotive - State of Haryana v. Vinod Kumar and others, AIR 1986 (P &. H) 407 RB. - 1986 Rev. L.R. 331. Pleadings - It is an established principle of law that for determining the jurisdiction of the court, pleas oTth« plaintiff in the plaint arc to be taken into consideration - Chief Secretary of Punjab v, Chawaii, 1980 PLJ 10, —Question of jurisdiction can be decided by taking into consideration pleas in the plaint of the plaintiff- Karnalt SlngJi v. Jaggar Singh, AIR 1984 (P & H) 294 - 1034 (2) LLR 143 - See also 1PS7 HRR 530. —Question of jurisHic-.tinn ran be determined from the ease pleaded in the plaint - Chandu La! v. S.K. Chhiber 1983 PLJ 559, Preliminary issue - An issue does not cease to be an issue of law by the mere fact that it contains some conditions of purchase order based upon some facts - The issue should be treated as a preliminary issue as an issue of law - M/ S. United Vanaspati Lid. v. M/$. Shfi Vardhman SalvaX Private Ltd. - 1988 H.R.R. 641. Concurrent jurisdiction - An Application for appointing an arbitrator was pending in one Court while another Court in the same matter proceeded to extend tht? time fur the appointment of any arbitrator, it was held that the second COUtt has no jurisdiction to proceed in the matter - Ncfiru Ram Gael Engineers v. Haryana State. 1989 H.R.R. 218. CHAPTER VU Finance, Accounts and Audit 56. Hoard's Fund, - (1) The Board shall have a fund culled the Housing Board Fund. (2) The Board may accept grants, subventions, donation and gifts from the Central Government or' [ ] a local authority or any individual or body, whether incorporated or not, for all or any of the purposes of this Act. (3) All moneys received by or on behalf of the Board by virtue of this Act, all proceeds of land or any other kind of property sold by the Board, at! rents and all interest, profit and other money accruing to the. Board, shall constitute the Housing Board Fund. (4) Except as otherwise directed by the '(Administrator], all money and receipts specified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the State Bank of India or in any Scheduled Bank ora Co-operative Bank or invested in such securities as may be approved by the *i Administrator]. (5) Such accounts shall be operated upon by such officer as may be authorised by the Board. Explanation. - For the purposes of this section, a Scheduled Bank shall moan a Bunk included in the Second Schedule to the Reserve Bank uf India Aet, 1934. • Substituted by Chi. Admit. Gaz. Notification dated 13-3-1975 at page 34-35 1. Omitted vide Chandigarh Administration Gaz. Notification dated 13-3-1975 at page 34-35 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 519 t 57. Application of the Housing Board Fund - All property, the Housing Board Fund, and all otherassets vesling in the Board shall be held and applied by it, subject to the provisions and for the purposes or th is Act. 58. Expenditure in ease of urgency, etc - (1) Where in the opinion of the Board circumstances of extreme urgeuey have arisen, it shall bo lawtul tortne Doard to moko for the purpose of this Act in any year an expenditure of such amount as may be prescribed, notwithsUmd jug the fact that such expenditure nan not been inoluded in its annual programme or supplementary programme sanc tioned by the '[Administrator] or the variation of the programme made under section 28. _ CI) Where any sum is expended under circumstances of extreme urgency as provided in uub section (I), a report thereof indicating the source from which it is proposed to meet the expenditure shall be nmde by the Board as soon as prac ticable to the'[Administrator]. ., ,, .... . . ,„+„! (3) The Board may, within the budget sanctioned by the [Administrator], approve appropriation not exceeding such ;i mount as may be prescribed frorn one head to another and from one miuui head to another under the smnu major head and submit a Gtatemuiit of such ^appropriation to the, "[Administrator]. 59. Subventions and loam to Board- (I) The '[Administrator] may from time to time make subventions to the Board for the purposes of this Act on such terms and conditions as the '[Administrator] may determine. (2) The TAdminislratui ] may from time to time advance loans to the Board on such terms and conditions not inconsistent with the provisions Of this Act as the '[Administrator] may determine. 60. Power ofBourd to borrow* - (\) The Board may from time to time, with the previous sanction of the '[Administrator] and subject to the provisions of this Act and to such conditions as may be prescribed in this behalf borrow any sum required for the purposes of this Act. (2) The rules made by the '[Administrator] for the purposes of this section may empower the Board to borrow by the issue of debentures and to make ar rangements with bankers, (3) All debentures issued hy the Board shall be in such torm as the Board, with the sanction of '[Administrator], may from time to time, determine. (4) Bvery debenture shall be signed by the '[Chief Executive Officer] 2[— (5) Loans borrowed and debentures issued under this section may be guar anteed by the "[CliIltra' Governmeull as to the repayment of principal and the payment of interest at such rate as may be Fixed by the "[Central Government]. 61. Accounts and Audit - (1) The Board shall cause to be maintained proper books of accounts and such other books as the rules made under this Act may require and shall prepare in accordance with such rules as annual statement of accounts. , . „ • J J (2) The Bornd shall cause iuj accounts to be audited annually by such persons as the '[Administrator] may direct.^ ^Substituted by Chd. Admr. flax.Notification dated 13-3-l°75 Bt peR* 34-J5 1 Substituted by Ifr. AetNo. 27 of I9S0 as extended to Chandigarh 2 Omitted vide Chamflgarh Administration Oat Notification doted 3 3-3-I97S at page 34-35 520 Haryana Housing Board Act, 1971 (as extended to Chandigarh) (3) As soon as the accounts of the Board have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor thereto to the * [Administrator]; and shall cause the accounts to be published in the prescribed manner and place oopies thereof on sale at a reasonable price. (4) The Board shall comply with such directions as the '[Administrator] may after perusal of the report of the auditor, think fit to issue. 62. Concurrent and special audit of accounts, - (1) Notwithstanding anything contained in section 61, the "[Administrator] may order that there shall be concurrent audit of the accounts of the Board by such person as it thinks fit. The "[Administrator] may also direct a special audit to be made by such person as it thinks fit of the accounts of the Board relating to any particular transaction or a class or series of transactions or to a particular period. (2) Where an order is made under sub-section (1), the Board shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section CO. such information as he may require for the pur pose of audit. 63. Transfer of assets and liabilities* - (1) The "[Administrator] may transfer to the Board building, land or any other property, movable or immovable, for use and management by the Board on such conditions and limitations as the '[Administrator] may deem fit, for the purposes of this Act. (2) The '[Administrator] may transfer to the Board such schemes or works in progress, with all their assets and liabilities as arc run or managed by the "[Ad ministrator], subject to such conditions and limitations as the '[Administrator] may deem fit to impose for the purposes of this Act. CHAPTER Vm Miscellaneous 64. Report - The Board shall, before such date and in such form and at such intervals as may be prescribed, submit to the '[Administrator] a report on such matters as may be prescribed, and the '[Administrator] shall cause such report to be published in the '[Chandigarh Gazette]. 65. Statements and returns. - The Board shall submit to the '[Administra tor] such statistics, returns, particulars or statements in regard to any proposed or existing housing schemes at .such times and in such form and manner as be pre scribed or as the '[Administrator] may from time to time direct. 66. Power to entry* - The '[Chief Executive Officer] or any person either generally or specially authorised by the Chairman in this behalf may, with or with out assistants or workmen, enter into or upon any land, in order— (a) to make any inspection, survey, measurement, valuation or inquiry; (bj to take levels ; (c) to dig or bore into sub-soil; (d) to set boundaries and intended lines of work ; (e) to make such levels, boundaries and linesofworks and cutting trenches; or + Substituted by Chd. Admn, Gaz. Notification dated 13-3-1975 at page 34-35 I. Substituted by Hr. Act No. 27 of 1980 as extended to Chandigarh doted 2-4-1991 Haryana Housing Briard Ant, 1971 (as extended In Chandigarh) 521 (f) to do anyother thing, whenever it is necessary to do so, for any of the purposes of this Act or any rules made or scheme sanctioned there under: Provided that — (i) no suoh entry shah bo made between sunset and sunrise ; (ii) no dwelling house and no public building which is used asa dwelling place, shall be so entervd, except with the consent of the occupier thereof, and without giving the said occupier at least twenty-four hours previous written notice of the intention to make such entry ; (iii) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment occupied by women to remove themselves to some pait of the premises where their privacy will not be disturbed; (iv) due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is made, to be the social and religious usages of the occupants of the premises entered. 67. Notice of suit against Board. - No person shall Institute any suit against the Board or against any officer or servant of the Board or any person acting under the orders of the Doard, for anything done or purporting to have been done in pursuance of this Act, without giving to the Board, Officer or servant or person concerned two month's previous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of. 68. Triennial valuations of asserts and liabilities of Board. - The Doard shall triennially have a valuation of its assets and liabilities made by a valuer ap pointed with the approval of the '[Administrator]: Provided that it shall be open to the '[Administrator] to direct evaluation to be made at any time it may consider necessary. 1 [68-A Delegation. - The Board may, by resolution, authorise that any power exercisable by it under this Act or the rules or regulations made thereunder, ex cept the power to make regulations, may also be exercised by the Chief Executive Officer]. 69. Member Officers and servants of Board to be public servants, - All members, officers and servants of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code. 70. Indemnity^ - No suit, prosecution or legal proceedings shall lie against any person for anything which is in good fatth done or purported to be done under this Act. 71. Power of Government to give direction to Board, - The '[Adminis trator] may give the Board ouch directions ns in its opinion are necessary orexps dient for carrying out the purposes of this Act, after giving an opportunity to the Board to state its objections, if any, to such directions and after considering the said objections and if shall be the duty of the Board to comply with such directions. **** * Substituted by Chd. Admn. Oaz. Notification dated 13-3-1975 at page 34-35 - 1. Inserted by Hr, Act No. 27 of 1980 as extended to Chandigarh published on 2-4-ly91 522 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 1T72. Control of Administrator over Board. - (1) The Administrator shall exercise superintendence and control over the Board and its officers andI ma*call for such information *s it may deem necessary and, m the ©vent of his being Stftad S» the Board is not functioning properly or .s abusing its powers or is S ty of corruption or mismanagement, he may, by notification, suspentheBoard. Provided that the Board shall be reconstituted, within a period of one year from the date of its suspension in the? prescribed manner. (£) When The Board is suspended under sub-section (1), the following con sequences shall ensue, namely :—• . , j-h-JnFT™ 00 all members of the Board and its committees, including the Chairman 4 of the Hoard, shall, from the date of the notification, vacate their (l/l all DOJSTS, duties and functions, which under the provisions of this Act or any regulation made thereunder, are to be exercised by the Board or any committee thereof or by the Chairman of the Board, or by any other officer of the Board, shall, during the period of suspension, be exercised and performed by such person (to be called the Special Officer) as may be appointed by the Administrator in this behalf: Provided that the Special Officer may, subject to the approval of the Administrator, delegate any of hts powers, duties or functions to such other person as he may think fit; _ (c) all properties, includingthe Board Fund, vested in the Board shall, until it is, re-constituted, vest in the Central Government]. !r72-A Apnea/. - (I) Save as otherwise expressly provided in any other provision of this Act, an appeal shall lie from anoriginal or appellate order of any officer of the Board or the Chairman under this Act or any rule or regulation made iCicun cr — ^ made hy any officer of the Board ; Chainnan when ttte ord0f is (b) to the Board when the Order Is made by the Chairman. (2) Every such appeal shall be preferred within a period of thirty days of the date of communication of the order: Provided thnt the Chairman or the Board as the case may be, may entertain the appeal after the expiry of the period of thirty days if it is considered that the appellant was prevented by sufficient cause from Filing the appeal in time.] ™ COMMENTARY Alternative remedy - Civil writ - The new allottee of the house obtaining an interim order restraining theallotment authorities from cancelling his allotment - The original allottee of the house not filing any appeal under section 7Z-A against the re-alfotment of the house In the name uf the new allottee - Pica of the allottee to the effect that the petitioner (original allottee) was not entitled to file a writ DBtiliun as an alternative remedy was available to him, is not tenable - bummer Chand Bait v. The Housing Board Haryana, 1984 H.R.R. 9. Alternative remedy - Writ petition - It is settled law that an appeal against an order of Housing Board residing cost of houses which is determined by the Board itself is not useful- It isonly when an order is passed by the Chairman in his capacity as Chairman that the appeal lies to the Board - Fit. Lt. A.h. Khoste* I.SiibsilULKdby Hr. AaNo. 20 of 1979 ad extended to Chandigarh published nn 2-4-1991 page 333 2. Fromou by Mr. Act No, 28 of 1976 osexlonded to Chandigarh published on 2.4.1991 pfiee335 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 523 case (CWP No, 1S95 of 1984) followed - Pannanandv. The Chairman Mow ing Board Haryana, 1996 HRR 559. —The petitioner, an Army Officer, made necessary deposits And was regis tered for the allotment ofhouse - Failed to deposit the amount within stipulated period as the letter of demand could not be received at his village address - Cir cumstances for delayed deposit fully explained - Non speaking and brief order nf cancellation on technical grounds cannot be sustained - Housing Board directed to allot the house to petitioner within 3 months - Existence of alternative remedy is no bar to seek the justice under Art. 226 of the Constitution - Jag Mohan Sharma v. Sinie of Haryana, L993 HRK 37S. NATURAL JUSTICE —Allotment - The provisions of Regulation 6 (2) of Chandigarh Housing Board Regulation, 1979 undoubtedly authorise the Board to forfeit the depositor eancel the allotment in case the contents of the affidavit filed by the applicant are found to be false - However, it is an enabling provision - It is incumbent on the Board to examine the facts and circumstances ot each case before passing any such older - Suuh an order cannot be passed mechanically - Where the petitioner was not given proper opportunity to explain her position about the alleged false statement, the order of cancellation and forfeiture was held not to be justified - Smt, Ram Duluri v. Union Territory, Chandigarh, 1994 HRR 67 —Before a person is black listed by an Authority, he must be given a notice - Order without any uuliee is against law and cannot be sustained - Raphu Naih Thahtr v. State of Bihar, 1989 H.R.R. 46. ~^Th,eru,c ofoaturaii"at'ce will apply unless application thereof is specifi cally ruled out by the Statute - State of Haryana V. Ram Kishan, AIR 1988 S.C. —Audi alteram partem -The Order, wherein Principle of audi ultrem partem was not applied was held not maintainable - Order passed at the back of the affected person was set aside - Bachan Strtgh v, State of Punjab, 1988 PLJ 265. —Principal of Nemo judex cause sua - (No one should be made a judge in his own oauae) - A man cannot sit in appeal against his own order - Gwcharan Stnghv, State of Punjab, 1988 PLJ 471 D.B, and SantJlam v. Stale ofHtmaehal Paradcsh, AIR 1989 IS II.P. —Rule of natural justice will apply where exercise of power under the Stat ute would result m civil consequences to citizen - Rules to be followed unless excluded by Statute itself - Baidev Singh v. State of Punjab, 1987 PLJ 24U Opportunity - Allotment must be held illegal by the Authorities before can- celling tho plot allotted to lijm - Allotmentbad in Jaw Is no ground for denying the opportunity of hearing - Shri Gurdash Ram v. State of Punjab, 1980 PLJ 13 - Hearing to allottee is essential before cancellation of allotment - Sir Sinsh v Statt qf Punjab, 1982 PLJ 276, Jurisdiction - Order passed at the back of an interested party Is without jurisdiction tmd can be challenged in Civil Court - Tbjcnder Kaur v. M. Q. Tarn Tarn, 1983 PLJ 336, Notice - A notice is must by the authorities beforerecovering the arrears or loan as areare of land revenue - Authorities not to be the Judges In their own cause - Tirath Singh v. State of Punjab, 1982 PLJ 305. Order-Officer on original side should ncvcrscck approval of his proposed orders from his superior, Appellate or revisional Officers - Tata Singh v, Mithu Singh and others - 1987 PLJ 116. 521 Haryana Housing Board Act, 1971 (as extended to Chandigarh) '[72-B. Revision. ^The Administrator may either suo mote- or on an appli cation of a party, oall for and examine the record of any proceedings or decision or oider passed by the Board, Chairman, Chief Executive Officer or Officer of the Board for the purpose of satisfying itself as to the legality or propriety of any decision or order paused and if in any case it shall appear to the Administrator that nny such decision orordei should be modified, annuled or revised, the Administra tor may, after giving the persons affected thereby an opportunity of being heard, pass such order thereon as it may deem fit.] 73. Power to make rules. - (1) The '[Administrator] may, by notification and subject to the condition of previous publication, make rules for carrying out the? purposes of this Act. (2) In particular and without prejudice to the generality of the toregoing power, such rules may be made for all or any ortlie following purposes, namely— (a) the salary, allowances and condiLiuns of service of members under section?; ... ,, , (b) the manner and form in which contracts shall be entered into under suction 18; ., , * . — L J (c) the form of annual housing programme, budget and schedule of staff officers and servants, particulars of housing schemes and other particulars to be contained in the programme under section 23;, (d) the form of notice under section 41 ; (c) the rate of interest under section 42 ; (f) the forms of notice under section* 51 and 52 and any other manner in which they may be served; (g) the procedure to be followed in taking possession of any Board premises under section 51; (h) the manner in which damages under section 52 may be assessed; (i) the manner in which appeals may be preferred under section 54 and the procedure to be followed in such appeals; 0) the conditions subject to which the Board may borrow any sum under section 60; , « » - • . « -* (k) the manner of preparation, maintenance and publication of accounts under section 61; (I) the date before which, the form in which, the interval at which and the matter on which reports shall be submitted under section 64; (m) the time at which and the form and manner In which statistics, returns, particulars and statement shall be submitted under section 65; (n) Ihe rummer in which the Board shall be superseded and reconstituted under section 72; _ (o) specifying the bye-laws contravention of any of which shall be an offence; and (p) any other matter which is to be or may be prescribed under this Act. (3) '[ ] AAA* * Substituted by (Jhd. Admn. OHZ. Notification dated 13-3-1975 at pagc3405 1 Inserted by Hr,ActNo. 10 ofl93fi as extended to Chandigarh published on 2-4-195" I 2 Omiiiod vldcChd. Admn. Co*. (Exim) Noli Mention dated 13-3-1975 at pa«e 34-35 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 525 * 74. Regulations. - The Board may, tram time to time with tiic previous sanction ofthe' [Administrator] by notification, make regulations consistent with this Act and witli any rules made thereunder, - (a) for the management and use of buildings constructed under any housing scheme; (b) the principles to be followed in allotment of tenement and premises; and (c) for regulating its procedure and the disposal of its business. 75. Power to make bye laws. - (I) The Board may make bye-laws, not inconsistent with this Act and the rules and regulations made thereunder, which may be necesniiry or expedient for the purpose of carrying out its duties and functions under this Act. (2) No bye-laws made by the Board shall come into force until it has been confirmed by the "[Administrator] with or without modification. (3) All bye-laws made under this section shall be published In the '[Chandigarh Gazette]. 76. Penalty for contravention of bye-taws. - Whosoever contravenes a bye-law made under section 75 the contravention of which is prescribed as an offence shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both. 77. Penalty for obstructing etc. - If any person - (a) obstructs any person with whom the Board ha* entered itito n crmtrncf, in the performance or execution by such person of his duty or of anything which lie Is empowered or required to do under this Act; or (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act; ! he shall, on uunvicliun, be punished with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or wlili both. 78. Authority for prosecution. - Unless otherwise provided, no court shall take cognizance of any offence punishable under this Act except on tlie complaint of, or upon information received from the Board or some person authorised by the Board, oy general or special order, in this behalf. **** 79. Registration of documents executed on behalf of Board. - (1) Not withstanding anything contained in the Indian Registration Act, 1908 (Central Act XVFof 1908), it shall not be necessary forthe Chairman toappearin person orby agent at any registration officer in any proceeding connected with registration of any insu UIUBHI executed by him in his official capacity on behalf of the Board or i f to sign as provided in section i>8 of that Act. ; (2) Where any instrument is so executed, the registration officer to whom such instrument is presented for registration may, if he thinks fit, refer to the Chairman for information respecting the same, and on being satisfied ofthe ex ecution thereof, shall register the instrument. I **** ! * Substituted by Clid. Attum. GtLt. NolifiwiLiuu djiicil 13-3-1975 at page 34-35 i • l« !: 526 Haryana Housing Board Act, 1571 (as extended to Chandigarh) SO. Dissolution of Board, - (t) The State Government may be notification declare that with effect from such date as may be specified in the notification, the Board shall be dissolved. v -] (2) With effect from the date specified in the notification under sub-section (a) all properties, funds and duos which are vested In and realisable by the Board shall vest in and be realisable by the "[Central Government]; (b) all liabilities enforceable against the Board shall be enforceable against the '[Central Government] to the extent of the properties, funds and dues vested in and realised by the "[Central Government]. (3) Nothing in this section shall affect the liability oFthe'r^rLrr1' Govern ment] in respect of loans or debentures guaranteed under sun-sent inn (5) of sec tion 60. ft*** 81. Removal cf difficulties. - (1) If any difficulty arises in giving effect to the provisions of this Act, in consequence of the transition tn the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the '[Administrator] may by notification make such provisions as appear to it to be necessary or expedient for removing the difficultly. (2) If any difficulty arises in giving effect to the provisions of this Act Other wise than in relation fo (he transition from the provisions of the Acts in force before the commencement of this Act, the '[Administrator] may by notification make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty. ***** + Substituted by CM. Admn, Gaz, Notification dated 13-3-1975 at page 34-35 I. Omiitod vide CM. Admn. (Jaz. (l&tra) NolitUtttian dated 13-3-1973 at page 34-35