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2024 Supreme(SC) 140

B. V. NAGARATHNA, AUGUSTINE GEORGE MASIH
Chandigarh Housing Board – Appellant
Versus
Tarsem Lal – Respondent


Advocates appeared:
For the Petitioner(s): Mrs. Rachana Joshi Issar, AOR Mr. Svarit Uniyal Mishra, Adv. Ms. Nidhi Tewari, Adv.
For the Respondent(s): Mr. Shivendra Singh, AOR Mr. Bikram Dwivedi, Adv. Mr. Puneett Singhal, Adv. Mr. Sanjeev Chaudhary, Adv.

JUDGMENT :

1. Leave granted.

2. Being aggrieved by judgment dated 10.08.2018 passed by the High Court of Punjab and Haryana at Chandigarh, the appellant/Chandigarh Housing Board has preferred this appeal.

3. Briefly stated, the facts pertinent to the adjudication of the present appeal are that the appellant herein, vide advertisement dated 28.06.1983, had called for applications for allotment of houses exclusively for Scheduled Castes and Scheduled Tribes and a total of 35 houses in the HIG (Upper) and HIG (Lower) categories were reserved for that purpose. This advertisement was issued pursuant to Regulation 25 of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 which makes a provision for reservation of 12.5% of the total number of dwelling units for Scheduled Castes and Scheduled Tribes. One of the conditions stipulated for the applicants was that they should be a domicile of Union Territory (U.T.) of Chandigarh or should have been a bona fide resident of U.T. of Chandigarh for a period of at least three years on the date of submission of the application. The respondent submitted his application and the draw of lots was held on 09.09.1983.

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