JUDGMENT

Leave granted.

2. This appeal by special leave arises from the order dated 22-7-1994 of the Division Bench of the Punjab and Haryana High Court in Writ Petition No. 3843/94. The admitted facts are that Regulation 6 of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 (for short, the Regulations) regulates, among other things, allotment of the buildings / flats constructed by the appellant-Board. A wife / husband and the unmarried children or other members of the family, one, among them, alone is eligible for allotment of any building / flat. When the notification was published inviting applications for allotment of Category II flats, the 1st respondent as well as his wife, Mrs. Kuldip Kaur, separately applied for allotment of two houses. The allotments came to be made independently, but later on it was discovered that both of them being wife and husband, were not eligible. Consequently, the allotment made to the 1st respondent was cancelled and the amount paid by him was forfeited under the Regulations. When he filed the writ petition, the High Court in the impugned order directed the appellant - Board to return the entire money pa