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ANUP JAIRAM BHAMBHANI
Ajay Kumar Vashist, D. I. G. – Appellant
Versus
Union of India – Respondent
JUDGMENT
Anup Jairam Bhambhani J. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner, who is a Deputy Inspector General (`DIG') with the Central Reserve Police Force (`CRPF'), seeks setting-aside of Cancellation Notice dated 07.07.2022 issued by respondent No. 2/Ministry of Housing & Urban Affairs, Government of India whereby the allotment of Quarter No. CG, Type-V(A), Block-10, Kidwai Nagar East, New Delhi, that the petitioner is presently occupying as his official residential accommodation has been cancelled. The petitioner also impugns Order dated 12.07.2022 issued by the Estate Officer under sections 3-B(2) and (3) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (`PP Act'), whereby the allottee and all persons in occupation of the subject premises were directed to vacate the same with immediate effect; and were also cautioned, that upon failure to do so, they would be liable to pay damages under section 7(3-A) of the PP Act.
2. Notice on this petition was issued on 19.07.2022. Respondent No. 2 has filed counter-affidavit dated 02.09.2022. Additionally, a counter-affidavit dated 20.04.2023 has also been filed
Material misrepresentations made by an applicant in an application for official accommodation can vitiate the entitlement to such benefit.
The court affirmed the validity of Paragraph XXVI of SO No. 03/2015, emphasizing the importance of preventing unauthorized construction and maintaining harmonious relations in government quarters.
Unauthorized retention of govt. accommodation post-transfer/dismissal periods attracts damage charges per allotment rules; retrospective levy improper if license fee deducted.
Fraudulent actions disentitle a petitioner to equitable relief, and a prerogative writ will not issue where it would perpetuate a manifest illegality.
No one can benefit from their own wrongful act, and mis-declaration in securing an allotment renders it improper.
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