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2008 Supreme(P&H) 1910

M.M.KUMAR, JORA SINGH
Anuj Aggarwal – Appellant
Versus
Union Territory, Chandigarh – Respondent


Judgment

M.M.Kumar, J.

1. This petition filed under Article 226 of the Constitution challenges order dated 26.6.2007 (P-l), passed by the Secretary, Chandigarh Housing Board, Chandigarh (for brevity, the respondent Board), cancelling allotment of Second Floor flat under the Two Bed Room Flat Self Finance Housing Scheme-2006 in Sector 49, Chandigarh (for brevity, the Scheme), which was allotted in favour of the petitioner vide allotment letter dated 19.7.2006 (P-3), on the ground that he was not found eligible for allotment under the Physically Challenged Persons Category due to non-fulfilling of Condition No. III (4) of the eligibility condition of the Scheme concerning age.

2. Brief facts of the case are that the respondent Board floated the Scheme for allotment of 112 two bed room four storeyed flats in Sector 49, Chandigarh on freehold basis. The opening and closing dates of the Scheme were 31.1.2006 and 1.3.2006 respectively. As per condition No. 4 of the terms and conditions disclosed in the brochure, an applicant was required to be 18 years of age on the opening date of the Scheme. The petitioner through his father Shri Parmodh Kumar being his natural guardian, applied for all






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