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MANINDRA MOHAN SHRIVASTAVA, ASHUTOSH KUMAR
Chairman, Rajasthan Housing Board, Jyoti Nagar, Janpath Road, Jaipur – Appellant
Versus
Dharmendra S/o Shri Ummed Chand Mathur – Respondent
JUDGMENT :
1. This intra Court appeal is directed against the order dated 05.11.2015 passed by the learned Single Judge, vide which, the writ petition filed by the respondents-petitioners has been allowed and a mandamus has been issued to the appellants for allotment of Plinth Level Houses on 236 sq. mtr. plot in Sector 26, Pratap Nagar.
2. The writ petition was filed by 3 petitioners namely, Shri Dharmendra, Shri Loon Karan and Shri Sanjay Chobisa seeking issuance of writ of mandamus in the matter of their claim for allotment of plots on the factual premise that though they had deposited registration fee towards allotment of plot under the special registration scheme for allotment of plinth level houses for employees in the year 2002, the appellants arbitrarily and illegally withheld allotment despite amount already been paid by all the petitioners from time to time, as demanded by the appellants.
3. Defending their action, the appellants had come out with the case that right from the beginning, the respondents did not comply with the conditions with regard to deposit of entire registration fee amount, though later on it was condoned. It is further submitted that towards allotment of
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 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....
Petitioners cannot challenge allotment amounts after acquiescing to the allotment orders and making partial payments, as they were unauthorized occupants without valid claims.
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.
Timely action against administrative decisions is essential, as courts cannot condone delays after significant lapses, particularly when property rights have transferred.
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