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SABINA, CHANDRA KUMAR SONGARA
Rajasthan Housing Board – Appellant
Versus
Bhanwar Singh – Respondent
JUDGMENT
1. Appellant-Rajasthan Housing Board (hereinafter referred to as 'the Board') has filed the appeal challenging order dated 12.09.2017 passed by the learned Single Judge, whereby, writ petition filed by the respondent was disposed of.
2. Respondent had filed the writ petition claiming following relief:
i) By an appropriate writ, order or direction the impugned order dated 17.12.2008 (Annex.7) be declared as null and void and may kindly be quashed and set aside.
ii) By an appropriate writ, order or direction the respondents may be directed to allot the House No. 13/26 at Sanganer Pratap Nagar Scheme, at the rate of year 1997 when one Shri Rampal was allotted the House despite having lower priority number than the petitioner.
iii) Any other order which this Hon'ble Court deemed just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.
iv) Cost may also be awarded in favour of the petitioner."
3. Case of the respondent, in brief, was that a scheme had been formulated by the Board in the year 1982 with regard to
Priority in housing allotment must be honored, and delays by authorities should not adversely affect applicants' rights.
The court affirmed that applicants under a housing scheme are bound by the terms they accepted, including payment obligations, and cannot contest cost escalations due to delays not promised by the Bo....
The court affirmed that applicants under a housing scheme are bound by the terms of the scheme, including any cost adjustments made by the housing authority.
The court ruled that administrative decisions regarding allotment policies operate prospectively, ensuring that applicants who complied with prior requirements are not adversely affected by subsequen....
The cancellation of allotment was justified due to the petitioner's failure to comply with payment terms, emphasizing the importance of adhering to auction conditions and public interest.
Lack of proof of notice related to cancellation affects the limitation claim in consumer disputes.
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