High Court raps Haryana Housing Board for negligence

Tribune News Service

Saurabh Malik

Chandigarh, February 18

Rapping the Haryana Housing Board for being “remiss” in its functioning, the Punjab and Haryana High Court has summoned its Chief Administrator.

He was asked to be present in person in a case where an ex-serviceman deposited the requisite amount nearly seven years ago for the allotment of a dwelling unit in a scheme floated as a “token of gratitude for exemplary sacrifices” made for the nation, only to be told later that there was no planning for the construction of flats in the area.

To make matters worse, the housing board insisted that refund to the petitioner-ex-serviceman would be permitted only upon the forfeiture of 10 per cent of the deposited amount, compelling the High Court to observe it was appalled at the stand.

The Bench of Justice Tejinder Singh Dhindsa and Justice Lalit Batra asserted that it was not a solitary case. Rather, a bunch of writ petitions raising similar grievances were pending before the court.

The matter was brought to the High Court’s notice after Raj Pal Singh Gahlaut filed a petition through counsel Vivek Khatri against the Housing Board and another respondent. Taking up the matter, the Bench observed that nothing fructified and the petitioner had been running from pillar to post, and even served upon the respondents a legal notice, seeking the refund of the deposited amount.

Going into the background of the matter, the Bench observed that the petitioner was successful in the draw of lots for the allotment of a flat in Faridabad’s Sector 65 in December 2014 and deposited Rs 4, 89,270 in March 2015.

The Bench also took note of the categorical averments in the petition that the petitioner-ex-serviceman applied for a loan to raise the funds and was paying regular EMIs to service the debt. “It is the Housing Board which has been remiss in the matter. Till date, there is no planning to put the project on the ground insofar as Sector 65, Faridabad, is concerned,” the Bench asserted.

Before parting with the order, the Bench added that the issue arising in the instant matter was whether the housing board could now confront an ex-serviceman, like the petitioner, with a regulation “so as to be agreeable to a refund only upon the forfeiture of the 10 per cent of the amount deposited”.

The case will now come up in March first week.

Summons board Chief Administrator

The Bench of Justice Tejinder Singh Dhindsa and Justice Lalit Batra asserted that even though under normal circumstances, this court would be reluctant to summon officers, they found that this was a matter where the Chief Administrator, Housing Board, Haryana, ought to be present in person and assisted them on the date adjourned.

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