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1993 Supreme(Raj) 350

Rajasthan High Court, Jaipur Bench
Honble N.L. Tibrewal, J.
Syal Brothers (M/s.) - Appellant
Versus
Rajasthan Housing Board, Jaipur and Another - Respondents
S.B. Civil Writ Petition No, 6383 of 1991, and 9th Other writs
Decided On : September 23, 1993

Advocates Appeared:
Mahesh Gupta, for Petitioners G.C. Garg & R.S. Rathore, for Respondents

Headnote:Rajasthan Housing Board Act, 1970 — Letter of allotment was not issued, nor any one was called upon to pay the price — No application was made nor paid any amount towards price of the plot — Mere draw of lots create no right nor, a binding contract as it was not done in pursuance of any statutory provisions — The matter is still at the stage of consideration and the Board is within its rights to cancel the draw and refuse to make allotment of plots. (Para 8)

       

Honble TIBREWAL, J.—All the petitions are disposed of by a common order as they are identical in nature.

(2). The facts of the case are startling. All public institutions and their officers are expected to act fairly, reasonably and in accordance with law. But the facts of the present case show that some high-ups of the Rajasthan Housing Board (for short the Board) in an unusual manner, were interested to allot valuable land in Mansarovar Scheme Jaipur, to the members of Sanitary Dealers Association, Jaipur by back door method. It appears that the ill design could not succeed on account of anonymous complaint made to High authorities, including the Prime Minister of India.

(3). Mansarovar Scheme is one of the prestigious scheme undertaken by the Board. Basically, it is a residential scheme. In the scheme there is no provision to establish a separate market for Sanitary Dealers. Without any provision for such market (Mandi) and without public notice inviting applications from the public for allotment of plots for shop-cum-godown-cum-residential purposes, the Board proceeded to make an offer to the President, Sanitary Dealers Association and a letter was written under the signature of Smt. Pramila Surana, the Chief Estate Manager, wherein it Was stated that Boards Property Allotment Committee (for short P.A.C.) in its meeting dated 9.11.1989 had taken a decision to allot a piece of land in Mansarovar Scheme for plots to members of the Association. It was also stated that Rs. 750/- per sq. meter shall be charged as price of the land and allotment of blots shall be made by draw of lots. The Dealers getting allotment letter of the plot was required to deposit 40% of the price within a month from the date of letter and the balance price to be paid six monthly installments for three years. It may be stated here that neither the size of the plots, nor the place were identified in the letter. They are not identified even in the record of the Board.

(4). Thereafter, on the basis of the list of Members of the Association, supplied by its President, a lottery was drawn on 25.1.1980. The result of the lottery has been placed on the record as Annexure 3, which contained 152 names of Sanitary Dealers. However, it is an admitted fact that neither allotment letters were issued by the Board, nor any amount towards the price of plot was deposited by any Dealer. Before further action could be taken by the Board after the draw of the lottery, an anonymous complaint came to be made. In the complaint it was stated that the so called Association of Sanitary Dealers was a fake one, having its existence in papers only, and the Sanitary Dealers who were shown as members of the Association were not genuine. It was also stated that the President of the Association had collected Rs. 2,000/- from each of the applicants on the pretext that the said amount shall be paid to the Chairman of the Board and the concerned Minister. In brief, the complaint was that the entire action and process was fishy and no such Market (Mandi) should be permitted to be established in the centre of Mansarover Scheme which was a residential scheme.

(5). The case of the petitioners is that after publication of the result of lottery, the Board did not issue allotment letters. The Association, therefore, made a representation to the Chief Estate Manager of the Board on April 13, 1993, requesting her to issue allotment letters to the successful members of the Association. In reference to the above letter, the Chief Estate Manager intimated that the lottery drawn on 25.1.1980 was cancelled by P.A.C. in its meeting dated 19.2.1990 and 7.8.1990, as such, it was not possible to allot plots to members of the Association. A copy of this letter has been placed on record as Annexure 5.

(6). In the return, the Board has come out with a case that in the meeting dated 7.8.1990 the Committee cancelled the lottery and the decision of the committee was approved by the Board in its 154th meeting dated 19













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