Priority in housing allotment must be honored, and delays by authorities should not adversely affect applicants' rights.

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:

"It is therefore, respectfully prayed that your Lordship may graciously be pleased to accept and allow this writ petition and;

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 allotment of houses at Sanganer Pratap Nagar. Respondent also submitted his application for allotment of house and was given Priority No. LIG/GI/HP/P 1306 vide order dated 08.12.1987. Rampal had also applied for a house under the Scheme and was issued Priority No. LIG/GI/HP/P 1757 vide order dated 10.11.1987. Although, the respondent was higher in priority, House No. 114/49 was allotted to Rampal vide allotment letter dated 30.06.1997.

4. Respondent approached the District Consumer Forum, Jaipur (hereinafter referred to as 'the Forum') by filing Complaint No. 511/1994 with a prayer that house be allotted to him under the 1982 Scheme. Vide order dated 19.03.1997, complaint filed by the respondent was allowed and the Board was directed to allot house to the respondent. Since, the order passed by the Forum was not complied by the Board, respondent approached the Forum under Section 27 of the Consumer Protection Act, 1986. However, the said application was dismissed vide order dated 06.08.2007 on the basis of the statement given by counsel for the Board that a house had been allotted to the respondent vide allotment letter dated 07.12.2007.

5. Respondent again approached the Forum by moving Complaint No. 1721/2007 as he was being asked to deposit more amount than had been got deposited from Rampal. The Board, however, later cancelled the allotment of House No. 13/26 made in favour of the respondent vide order dated 17.12.2008. Hence, writ petition was filed by the respondent.

6. In the reply filed by the Board, it was averred that respondent had moved an application for allotment of house and had deposited Rs. 1450/- on 02.02.1988 in terms of the option given to him on 08.03.1988 for allotment of house under the Mansarovar Scheme. Since sufficient number of houses were not available under the Mansarovar Scheme, respondent could not be allotted a house. It was admitted that, although, respondent was having higher priority than Rampal, but Rampal had deposited Rs. 2900/- for allotment of residential house and was allotted House No. 114/49 on 26.03.1997. Respondent was informed vide letter dated 16.11.1993 to deposit Rs. 3500/- within one month, Rs. 3500/- in seven monthly installments and Rs. 3000/- in thirteen monthly installments. However, respondent had failed to deposit any installment and was informed vide letter dated 10.07.1996 to deposit the due installments. Instead of depositing the installments, respondent had approached the Forum. Registration of the respondent was cancelled vide letter No. 354 dated 04.05.2002 as he had failed to deposit the installments.

7. Learned Single Judge vide impugned order disposed of the writ petition filed by the respondent and quashed impugned order dated 17.12.2008, whereby, allotment of House No. 13/26in Sanganer, Pr