The main legal point established is that eligibility criteria under housing regulations must be strictly adhered to, and misrepresentation or suppression of facts can lead to cancellation of allotment.

TEJINDER SINGH DHINDSA, J.

1. Challenge in the instant petition is to the order dated 28.8.2007 passed by the Chief Executive Officer, Chandigarh Housing Board, Chandigarh in terms of which the allotment of a dwelling unit in favour of the petitioner has been cancelled and the amount deposited by her stands forfeited.

2. Husband of the petitioner, who was serving as Constable in the Punjab Police, was gunned down by militants on 27.11.1986. Petitioner was granted appointment in the Industries Department, Punjab on compassionate basis.

3. In the year 2005, Chandigarh Housing Board floated a "Special Category Housing Scheme" for allotment of built up dwelling units out of the discretionary quota of the Administrator, Union Territory, Chandigarh. Petitioner applied for allotment of a dwelling unit in the category of war widows and widows of defence services Personnel/Paramilitary/Police personnel killed in counter insurgency operations and border incidents. She was allotted category-II dwelling unit No.24 in Sector 51-A, Chandigarh on free hold basis vide letter dated 26.12.2005.

4. A show cause notice dated 19.7.2007 was served upon the petitioner contemplating cancellation of allotment of dwelling unit on the premise that she had already been allotted a dwelling unit in Sector 38, Chandigarh and physical possession of which had also been handed over in the year 2000. An opportunity of personal hearing was also granted to the petitioner on 10.8.2007 and thereafter vide impugned order dated 28.8.2007 at Annexure P4, respondent No.3 has cancelled the allotment of the dwelling unit and has directed forfeiture of the entire amount that the petitioner had paid in lieu of such dwelling unit.

5. Regulation 6 of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 (for short 1979 Regulations') lays down the eligibility for allotment of the dwelling unit by the Chandigarh Housing Board and the same reads as under :

"Eligibility Of Allotment : (1) A dwelling unit or flat in the housing Estate of the Board shall be allotted only to such person who or his wife/her husband or any or his/her minor children does not own on free hold or lease hold or on hire purchase basis, a residential plot or house in the Union Territory of Chandigarh or in any of the Urban Estates of Mohali or Panchkula. Similarly, persons who have acquired a house/residential site anywhere in India through Govt./Semi Govt./Municipal Committee/Corporation/Improvement Trust at concessional rates, i.e. allotment at reserved/fixed price, in their name or in the name of their spouse or nay minor children will not be eligible to apply to the Board for allotment of a dwelling unit or flat.

(2) The applicant shall furnish an affidavit in the prescribed form with regard to his eligibility along with the application. In the event of the affidavit being found false at any stage, the Board shall be entitled to cancel the registration or the allotment of dwelling unit or flat, as the case may be, and to forfeit the deposit received with the application and all the payments made to the Board thereafter."

6. Even the eligibility condition under the Special Category Housing Scheme for allotment of built up dwelling units under the discretionary quota of the Urban Estate, Union Territory, Chandigarh and under which the petitioner had applied, was in the following terms :

"Eligibility

A person will be eligible for allotment of a dwelling unit only in the event that he/she or his wife/her husband or any of his/her minor children do not own on free hold or lease hold or on hire purchase basis a residential plot/house or Union Territory, Chandigarh or in either of the Urban Estate of Mohali an Panchkula, similarly, in case he/she has acquired a house/a residential site anywhere in India through Govt./Semi Govt./Municipal Committee/Corporation/Improvement Trust, at concessional rates. i.e. at a reserved/fixed price, in his/her name or in the name of his/h