THE HARYANA HOUSING BOARD ACT, 1971 (AS EXTENDED TO CHANDIGARH)

{
    "id": 683,
    "slug": "the-haryana-housing-board-act-1971-as-extended-to-chandigarh",
    "title": "THE HARYANA HOUSING BOARD ACT, 1971 (AS EXTENDED TO CHANDIGARH)",
    "short_title": "THE HARYANA HOUSING BOARD ACT, 1971 (AS EXTENDED TO CHANDIGARH)",
    "act_number": "20",
    "act_year": 1971,
    "act_type": "STATE",
    "location": "Chandigarh",
    "law_status": "valid",
    "enactment_date": "1971-05-18",
    "description": "THE HARYANA HOUSING BOARD ACT, 1971 (AS EXTENDED TO CHANDIGARH)",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "An ACT",
            "chapter": null,
            "content": "i \nThe Haryana Housing Board Act, \n(As extended to Chandigarh) \n(See Chd. Admn. Gaz. Part X (Extra) dated 13-3^1975 page 34-35) \nNo. GS.R. 7 ()~ In exercise of the powers conferred by section B7 of the \nPunjab Reorganisation Act, 1966 (3 L of I9<SG), the Central Government hereby \nextends to the Union Territory of Chandigarh, the Haryana Housing Board Act, \n1971 (Haryana Act 20 of 1971) as in force in the State of Haryana at the date of \nthis notification, subject to the following modifications. \nAn Act to provide for measurers to be taken to dsat with and satisfy the \nneed of housing accommodation. ..... \nBe ft enacted by the Legislature of the State of Haryana in the Twenty-\nsecond year of the Republic of India as follows : \n'[Statement of Objects and Reasons \nNext to food and clothing, housing is the hasic necessity of mankind. The \nhousing problem has become serious on account of the phenomenal increase in \npopulation. Rapid industrialisation has led to the congestions in urban areas. The \nconcentration of almost all industries in urban areas and the comparative high \nwages paid to the factory workers coupled with the lack of sufficient opportuni\nties in the rural areas have resulted in a large scale shift of population from vil\nlages. With the object of easing the housing problem by constructing more houses \nand raise Standards in the types of houses, the State Government have been imple\nmenting various housing schemer'sponsored by the Government of India. Under \nthese schemes financial assistance in the shape of loans as well as grants is given \nto the employers, local bodies, individuals, and co-operative societies of individuals \nand industrial workers. The loan with interest at the rate payable to the Govern\nment of India plus 1/2 per centum as administrative charges is recovered in 15/25 \nannual equated instalments. Since the formation of the State of Haryana Rs. 1.57 \ncrorc have been so disbursed. \n2. To tackle the stupendous problem of housing sufficient funds are required. \nThe funds, which are being allocated each year in the plan and out of L.I.C. funds \nare very meager with the result that the problem continues. To meet the increas\ning demands for houses, Government resources alone are not sufficient. To'supple-\nment Government resources It was, therefore, imperative to mobilise additional \nresources oy raising loans and debentures for housing schemes as well as to \nsecure loans out of Central Revolving Fund, which is being created by the Gov\nernment of India with Rs. 200 crores. \n3. With a view to achieve the aforesaid object the matter was considered in \nthe conference of ministers for Housing, Urban Development and Town Planing \nheld at Bangalore from 18th to 20th June, 1969. The consensus of opinion was \n1. Sec Haryana Govt. Gaz. (Extra) 1971 at Pnge 122 \n[ 4S7 ] \n488 Haryana Housing Board Act, 1971 (as extended to Chandigarh) \nthat the statutory State Housing Boards are the best agencies for tentative and \nspeedy implementation of the housings programmes. Accordingly, it is proposed to \nconstitute a Ifaiyana State Housing Ooard- Hence the Haryana Housing Board \nBill, 1971J \n****",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "1",
            "title": "Section 1. Short title, extent and commencement* (1) This Act may be called the",
            "chapter": null,
            "content": "Haryana Housing Board Act, 1971 (as extended to Chandigarh). \n(2) ft. exlundti to the whole ot the '[Union territory ot Chandigarh]. \n(3) It 3hnll come into force on such date as the [Administrator] may by \nnotification appoint in this behalf. \nCOMMENTARY \nExcessive delegation - Notification - Extension of the Act to Chandigarh \n-The notification Issued on 15.12.1986 by the Central Government under Section \n87 of the Punjab Reorganisation Act, 1966 was challenged by a batch of appeals \non the ground of excessive delegation and abdication or effar.fiment legislative \npowers and concept ot vacuum - After a detailed discussion on the various au\nthorities on the subject and mainly relying upon Re Delhi Laws Act, 1951 SCR \n747 it was held by the Hon'ble Supreme Court that the said provision otlaw is \nconstitutionally valid and is not repugnant to existing law - Extension of Punjab \nAct, 1985 to Union Territory Chandigarh does not conflict with the existing law in \nthe Union Territory -There being only one notification under Section 87 the ques\ntion of successive notification docs not arise-Alltho appeals dismissed, upholding \nthe decision of Full Bench of Punjab and Haryana llijdi Court in 1988 (1KR430 -\nRarnesh Birch unci utfiers v. Union of India and others, 1989 I IRK 399 S.C. \nDelegation of power - Once it Is held that the delegation of a power to \nextent a present existing law is justified a power to extend future laws is a neces- , \nsary corollary - Ramssh Birch v. Union of India and others, 1989 HRR 399 \nS.C. \nExtension of laws -It was contended by the Appellant's counsel that ex\ntension of the lawa of another State to Chmidigaih is permissible so long as there \nis a vacuum of laws .on any- particular subject within the Union Territoiy and a. \ntransplantation of law from elsewhere, is neither necessary nor valid - Repelling \nike cpnbnlion pflhu learned pgunscl'U.was held that so ton as thp provisions of. \nthe'extended law are Wot. repugnant to. an> Apt drParliamferit in ;force,ui.thei.Union \nTerritory, there ts nb reasoni to construe the scripe*p'fSection ,87 Jn, this rosiricled ; \nmanners suggested by counsel:- B^^esH^Btrchmd others y. Union qf;lridja-'-\nand others, 1989 HRR399S.C-- . .',,\"' ;\">.- <;-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "2",
            "title": "Section 2. Definitions",
            "chapter": null,
            "content": "(a) \"adjoining area\" means auch area aa may be specified to be an adjoining \narea under section 31; \n' [(*&) \"Administrator\" means the Administrator of the Union Territory of \nChandigarh appointed by the President under Article 239 of the \nConstitution;] \n(b) \"Board\" means the '[Housing Board, Chandigarh] established and \nconstituted under section 3; \n Subs, by Chd. Admn. Gax. Notification dnied 1.1-3-1975 at page 34-35 \nI. [Jiserted by Chd. Admn. Gaz. Nolificailon dated 13-3-1975 at page 34-35 \nHaryana Housing Board Act, 1971 (as extended to Chandigarh) 489 \n(c) \"Board premises\" means any premises belonging to or vesting in the \nBoard or taken on lease by the Board or entrusted to the Board under \nthis Act for management and use for the purposes ofthis Act; \n(d) \"building materials\" means such commodities or articles as are specified \nby the '[Administrator] by notification to be building materials for the \npurposes ofthis Act; \n(e) \"bye-laws\" means bye-laws made under section 75; \n(f) \"Chairman\" means the Chairman of the Board; \n'[(ff) \"Chief Executive Officer\" means the Chief Exsoutive Officer of \nthe Board]: \n(g) ^\"competent authority\" menus any person authorised by the \n'[Administrator], by notification, to perform the funeliuns uf LIIL-\ncompetent authority under chapter VI tor such area as may be specified \nin the notification; \n(h) \"housing scheme\" means a housing sulieme made under this Act; \n(i) \"Land\" includes benefits to arise out of land and things attached to the \nearth or permanently fastened to anything attached to the earth ; \n(j) \"looal authority\" means *f,the Chief Administrator exercising powers of \na Municipality Or any functionary thereof under xnl> section (2) of \nsection 7-A otthq Capital of Punjab (Devwlupment and Regulation) \nAct, 1952 (Punjab Act 27 of 1952} or a Gram Panehayat constituted \nunder the Punjab Cram Panehayat Act, 1952 (Punjab Act 4 of 1953), \nor a Parichayal Sainiti or a Zila Porlflhnd constituted under the Purtfab \nPanchnynt Samities nnd Zila Parishads Act, 1961 (Punjab Act 3 of \n1961), or an improvement Trust constituted under the Punjab Town \nImprovement Act, LP22 (Puryab Act 4 of 1922) ; \n(k) \"Member\" means a member of the Board and includes the ^Chairman \nand Chief Executive Officer]; \n(I) \"premises\" means land, any building or part of a building and Includes. \nCO gardens, grounds and out-houscs, if any, appertaining to such building \nor part of a building; and \n(ii) any fitting affixed to such building or part of n building for the more \nbeneficial enjoyment thereof, \n(m) \"prescribed means prescribed by rules; \n(tl) \"programme\" means the annua! housing programme prepared by the \nBoard under sectiuj i 23; \n(o) \"Regulations\" means regulations made under section 74; \n(p) \"rent\" means the amount payable to the Board in respect of the \noccupation of the Board's prem ises and includes the charges for water \nand electricity payable in respect of water nnd electricity used or \nconsumed in the premises; \n(q) \"Secretary\" means the Secretary of the Board; \n(r) \"Tribunal\" means the Trihnnal specified under section 46; and \n(s) \"yeai \".means the year commencing on the fstdey of April and ending \nnn the 31st day of March. \n* Subs, by Chd. Admn. Claz. Notification dnicd 13-3-1975 at page 34-35 \n1. (nsflrted by Hr. Act 27 of ISSOanwiindtdtoChd. vide did. Adinn.Qaz. (extra) dated 2-4-1991 \n2, Subs, by' Hr. Act 27 of J 980 as extended to Chd. vjde Chd. Admn, Gas, (extra) doted 2-4-1951 \n490 Haryana Housing Board Act, 1971 (as extended to Chandigarh)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "4",
            "title": "CHAPTER If",
            "chapter": "CHAPTER If",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "3",
            "title": "Section 3. Establishment and constitution of Board",
            "chapter": null,
            "content": "date as the '[Administrator! may, by notification appoint in this behalf, there Shalt \nbe established for carrying out the purposes of this Act a Board to be Knownas \n\"the '[Housing Board, Chandigarh]\", with headquarters at such place as the [Ad-\nmTnistrm^rna^spec^^ ^ ^^ aforesaid, be a body corporate having \nperpetual succession and a common seal, and, subject to any restriction by or \nunder this Act or the rules made thereunder, shall have the power to acqu ire, hold, \nadminister and transfer property, movable or immovable, and to enter into con\ntracts, and shall by the said name sue or be used and do all such things as are \nnecessary for which it is constituted. . \n(3) For the purposes of this Act and the Land Acquisition Act, 1894 the \nBoard shall be deemed to be a local authority. , \nExplanation.-The purpose of this Act referred to in sub-section (3) includes \nthe management and use of lands and building belonging to or vesting m the Board \nunder or for the purposes of this Act and the excise of its rights over and with \nrespect to such lands and buildings for the purposes of this Act. \nL[(4) The Board shall consist of a Chairman, a Chief Executive Officer and \nseven other members appointed by the Administrator]. ; \n(5) The '[Chairman, the Chief Executive Officer] or a member may at any \ntime resign his office by submitting his resignation to the '[Administrator] : \nProvided that the resignation shall not take effect until it is accepted. \n(6) Until the Board is established and constituted in accordance with the \nprovisions of the preceding sub-sections, the '[Administrator] may constitute a \nBoard consisting of one person, who shall be an \"[officer employed in connection \nwith the affairs of the Union Territory of Chandigarh], to be appointed by the \n1 Administrator], anda Board so constituted shall, as from the commencement of \nthis Act *[- ] be deemed to be the Board established and constituted \nfor the purpose of carrying out all the provisions of this Act. ***",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "4",
            "title": "Section 4. Non-applicability of East Punjab Art 3 of 1949",
            "chapter": null,
            "content": "Urban Rent Restriction Act, 1949, shall not apply nor shall be deemed to have \never applied to any land or building belonging to or vesting in the Board under or \nfor the purposes of this Act, and as against the Board to any tenancies or other \nlike relationship created by the Board in respect of such land or building but shall \napply to any land or building let to the Board. \nwww v * COMMENTS \nApplicability of Rent Act -Allotment of houses made by Housing Board \nAuthorities on Hire Purchase Basis - Provisions of Rent Control Act would be \napplicable to the allottee and his tenants 6r sub tenants,- An allottee can,induct a \ntenant in the allotted premises - Section 4 or thw Act is no bar to the applicability of \nE P Rent Act - AJqy-Kashyap v. Smt, MohiniNijliawan, 2004 H.R.R. 387 F,B. \n.Provisions of the Act are applicable to the houses allotted under Haryana \nHousing Board Act, 1971 (As applicable to Chandigarh) - It is apparent from die \nprov isions of Section 4 of the Act read with Regulations 42,44 and 45 of Chandigarh \nHousing Board (Allotment, Management and Sale ofTenemenls) Regulation, \\979 \n*~s\"ubs. by Chd, Admn. Gaz. Notification fated I3.3-I975at page 34-33 I Subs by Hr Act 27 Of 1980 as extended to Chd. vide Chd. Admn. Goz. (extra) dt,2-4-l99l \n2. Omiltcd by Chd. Admn. Caz. Nolifiwtiori dated 13-3-1975 at page 34-35 \nHaryana Hou3injj Doard Act, 1971 (as extended to Chandigarh) A9l \n-> The relationship between the Board and the allottee woul.l hr* thnt ^f* \nand its tenants - Allottee of Housing Board hasa rifft b^ffl,5 ?L w !*\" Wncr \nrelationship between the ullortcp fcunTi.- *!l\\ mducl a sulvfenant arid \nLimited'scase A I R 1953 air in Hi!n?1ACo~0Pe^^ Housing Society \nis permitted to take up the pi of apIicatk>iof SeclfonAS&UJ??^ nanj \nKashyap v. A. M,to Nljhmv(m> 2?04 (1) I/fl R f 8 7 F S ** ^ \naha la's case' 999 HRRSt, J?l,8ineftJdeiVm!d in ^ ^\"\"jwwi trainedNEMSS,nStcd feSS^1!! 1 rmHencd*r<*unot ha 599 ^vision accepted ^ RumaSharma v Afe//o>- (7/?^^, 2004(1) [T.R.R. \n(a holds any office or place of profit under the Board- ' \n(y is an undischarged insolvent-\nSr Ji it convicted uf any offence involving moral tumitude 1(8)I m the opinion of the' {Administrator} - ^Pitiide. \n(i) has become incapable uf acting or \n(H) is otherwise unfit to continue as a member.] \n* Subs, by Ctidi Admn. Gna. Notification daiaf I-i i KIT* . m7\"~\"- \n492 Haryana Housing Board Act, 1971 (as extended to Chandigarh) \n(2) A person shall not be disqualified under clause (d) or clause (e) of sub\nsection (1) or be deemed to have any share or interest in any contract or employ\nment within the meaning of the said clause, by reason only of his or the incorpo\nrated company of which he is a Director, Secretary, Manager or other salaried \nofficer having a share or interest in any newspaper in which any advertisement \nrelating to the affairs ofthe Board is inserted. \n(3) A person shall not also be disqualified under clause (d) or clause (e) or \nsub-seotion (l) or be deemed to have any share or interest in any incorporate \ncompany wh ich has any share or interest in any contract or employment with, by \nor on behalf of, the Board, by reason only of his being a shareholder of such \nCmP<pro'vided that such person discloses to the '(Administrator] the nature and \nextent ofthe shares held by him.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "7",
            "title": "Section 7. Ten/is of office and conditions of service",
            "chapter": null,
            "content": "hold office for a period of three years from the date of his appointment: \nProvided that after the expiry ofthe period of his appointment, a person shall \nbe eligible for reappointment as member. \n(2) Every member shall receive such salary and allowances as may be pre-\nscribed *< \n(3) The salary and allowances to the member shall be paid from the fund of \nthe Board and such salaries and allowances and other conditions of service shall \nbe such as may be prescribed. \n'r7-A * {Chairman, Chief Executive Officer and other members) to \nhold office during pleasure of Administrator. - Notwithstanding anything contained \nin section 3 or section 7 or any other provision of this Act the Chairman, Chief \nExecutive Officer and other members ofthe Board, shall hold office during the \npleasure ofthe Administrator]. ..,.. fir.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "8",
            "title": "Section 8. Filling of vacancies",
            "chapter": null,
            "content": "man, Chief Executive Officer or other member] by death, resignation, removal, \ndisqualification or otherwise, the vacancy shall be filled by the [Administrator] by \nappointing a new ^Chairman, Chief Executive Officer or other member] to that \noffice. . ~- L u i \n(2) A ^Chairman, a Chief Executive Officer or any other member] ap\npointed to'fill the vacancy shall, notwithstanding anything contained in section 7, \nhold office for the unexpired portion of the term of his predecessor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "9",
            "title": "Section 9. Proceeding* presumed to be good and valid",
            "chapter": null,
            "content": "or defect in the appointment of, any person acting as a ^Chairman, a Chief.Ex-\nocutlve Officer] or a member shall be deemed to vitiate any act or proceeding of \nthe Board if such act or proceedings is otherwise in accordance with the provi\nsions of this Act. \n10 Temporary absence of members. - If any member ofthe Board other \nthan the *[Chairman and the Chief Executive Officer] is by infirmity or otherwise \nrendered temporarily incapable of performing his duties or is absent or on leave or \non any other ground not resulting in the cessation of his membership, die [Adminis\ntrator] may appoint another person to officiate for him and perform his duties \nunder this Act, or any rule or regulation made thereunder. \n1 Inserted by Hr. Act 20 or 1979 as cxlendcd to Chd. vide Chd. Admn. Gaz. (extra) dt. 2-4-1991 \n2. Substituted by Hr.Act 27 oT 1980 as extended lo Chd, vide Chd. Admn. Gxs. (extra) dt. 2-4-1991 \nat page 333 \nHaryana Housing Board Act, 1971 (as extended to Chandigarh) 493",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "11",
            "title": "Section 11. Officers and servants of Board - (1) The '[Administrator] may appoint",
            "chapter": null,
            "content": "a Secretary of the Board on such terms and conditions of semce as it may deem fit-\n(2) The Board may create such other posts and appoint such other officers \nand servants thereto as it may consider necessary for the efficient discharge of its \nduties: \n1 {Provided that the previous sanction of the Administrator shall be obtained \nfor this purpose in respect of such categories of posts as may be specified by him \nfrom time to time, by notification.} \n(3) Subject to the provision of sub-section (1), the conditions of service, \nfunctions and duties of the officers and servants or the Board shall be such as \nmay be determined by regulations.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "12",
            "title": "Section 12. Provident Fund",
            "chapter": null,
            "content": "tory Provident Fund for the officers and servants of the Board and such Provident \nFund (hereinafter called \"the Fund\") sha!J, notwithstanding anything contained in \nsection S of the Provident Fund Act, 1925, be deemed to be a Government Provi\ndent Fund for the purposes of the said Act. \n(2) The Board shall in respect of each of its employees who is a subscriber \nto the Fund, pay into the Fund such portion of the contribution in such manner as \nthe '[Administrator] may, from time to time, determine,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "13",
            "title": "Section 13. General disqualifications of officers and servants, - Mo person who",
            "chapter": null,
            "content": "has directly, or indirectly, hy himself or his partner or agent, any share or interest \nin any contract, by or on behalf of the Board, or in any employment under, by or on \nbehalf of the Board, otherwise than as an officer or servant thereof, shall become \nor remain an officer or servant of the Board.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "14",
            "title": "Section 14. Appointment of Committees",
            "chapter": null,
            "content": "Act, the Board may, from time to time, and for any^particular local area appoint \none or more committees for the purpose of discharging such duties or performing \nsuch functions as it may delegate to them and any such committee may discharge \nsuch duties or perform such functions with due regard to the circumstances and \nrequirements of that local area.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 120
        },
        {
            "number": "15",
            "title": "Section 15. Meetings of the Board, - The Board shall meet and shall from time to",
            "chapter": null,
            "content": "time make such bye-laws with respect to the day, time, place, notice, management \nand adjournment of its meetings as it minks fit, subject to the following provisions, \nnamely: -\ni[(a) an ordinary mooting shall be held at least once in three months;] \n(b) the Chairman may, whenever he thinks fit, call special meetings; \n(c) Every meeting shall be presided over by the Chairman and in his absence \nby any member chosen by the members present at the meeting for the \noccasion; \n(d) the quorum for every meeting shall be '[one-half] of the number of \nmembers actually serving for the time being; \n(e) all questions at any meeting shall be decided by a majority .of. the \nmembers present and voting and in the case of equality of votes, the \nperson presiding shall in addition to his vote as a member, have second \nor casting vote; and \n(f) the minutes of the proceedings of each meeting shall be recorded in a \nbook to be provided for the purpose and a copy of such minutes shall \nbe forwarded to the '[Administrator] in the department concerned. \na_i ^^^MIHI _i iium uuu   --   ------  - ----- - -- - - -   ---    - ________ mM -    - ------- ^mmmm-mm i__-u \n* Subs, by did. Admn. Gaz. Nvtifieatipn dated 13-3-1975 at page 34-35 \n1. Subs-' by Hr. Act 10 of 1989 M extended to Chd, vide Chd. Admn, Gfiz. (extra) dt. 2-4-1991 \n2. mserted by Hr. Act No. 8 oFI973 published on 23-4-1973 \n494 Haryana Housing Board Act, 1971 (as extended to Chandigarh)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 130
        },
        {
            "number": "16",
            "title": "Section 16. Association of parsons with Board",
            "chapter": null,
            "content": "with itself, any person whose assistance or advice it may deem fit for carrying into \neffect any. of theproyisirms of this Act. \"-'.- \n(2) A personasso^iated with the Board.under s'ub-seotion (1) for any pur\npose shall have the right to take part in the meetings of the Board relevant to that \npurpose; but shall not have the right to vote. \n(3) The Administrator may, by order, depute its representatives to attend any \nmeeting of the Board, on such items or subjects as the '[Administrator] may \nspecify, but such representatives shall not have the right to vpte.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 140
        },
        {
            "number": "17",
            "title": "Section 17. Power to make contracts",
            "chapter": null,
            "content": "require the performance of all such contracts as it may consider necessary or \nexpedient for carrying out any of the purposes of this Act. \nMIS. Execution of contracts. - (1) Every contract shall be made in the \nname of the Board by z[the Chief Executive Officer] or such other officer of the \nBoard as may bo authorised by it; \nProvided that no contract involving an expenditure of twenty lakhs rupees or \nmore shall be made without the previous sanction of the '[Administrator].} \n(2) Sub-section (I) shall apply to every variation or abandonment of a con\ntract or estimate as well as to an original contract or estimate. \n(3) Every contract '[for and] on behalf of the Board shall, subject to the \nprovisions of this section, be entered into, in such manner and form, as may be \nprescribed. .... ,. . ... - , \n(4j Acontractnot made or executed as provided in this section and the rules \nmade thereunder shall not be binding on the Board. \nCOMMENTARY \nAppointment of Chairman - Where the appointment of the Chairman was \nfor three years as mentioned in the notification under S. 3 of the Act Subse\nquently the notification was withdrawn. It was held that the Chairman was work\ning properly without suffering any disability during his tenure as such was entitled \nto complete the full tenure and an order to withdraw the notification was quashed \n- S.S. Virdi v. Chandigarh Administration and others. 1991 (1) Rev. L.R. 25 \n'[19. (Omitted) \nCHATTER III \nHOUSING SCHEME",
            "footnote": "",
            "is_definition": false,
            "sort_order": 150
        },
        {
            "number": "20",
            "title": "Section 20. Duty of Board to undertake Housing Schemes",
            "chapter": null,
            "content": "visions of this Act and subject to the controfor the '[Administrator], the Board \nmay incur expenditure and undertake works in any area for the framing and ex\necution of such housing schemes as may consider necessary from time to time or \nas may be entrusted to it by the *[AdministratorJ-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 160
        },
        {
            "number": "21",
            "title": "Section 21. Matters to be provided for by Housing Scheme",
            "chapter": null,
            "content": "any thing contained in any other law for the time being in force, a housing scheme \nmay provide for all or any of the following matters, n&mely ;-\n(a) acquisition by purchase, exchange or otherwise of any property \nnecessary for or affected by the execution of the scheme; \n(b) acquisition by purchase, exchange or otherwise of any land, division of \nthe same into plots and the sale thereof after developing itor otherwise \n* Subs, by Chd. Admn. Gaz. Moiification dated 13-3-1975 at page 34-35 \n1. Substituted by Hr. Aoi No. 9 of 1973 \n2. Subs, by Hr. Act27on980asoxlcnJlnjClnl. videChd, Admn. Gas, (extra) dt, 2-4-1991 \n3. Section 19wflsomilted by Hr. Act No. B of 1973 published or 23-4-1973 \nHaryana Housing Board Act, 1971 (as extended to Chandigarh) 495 \nto co-operative societies or other persons, in accordance with the \nscheme; \nc) laying or re-laying out of any land comprised in the scheme ; \nd> distribution or rc-distribution of sites belonging to owners of property \ncomprised iti the scheme; \n(c) the closure or demolition of dwel lings or portions of dwellings unit for \nhuman habitation; \n(f) demolition of obstructive buildings or portions of buildings; \n(g) the construction and re-construction of buildings, their maintenance \nand preservation ; \n(h) sale, letting or exchange of any properly comprised in the scheme \n(i) construction sind alteration ofstreetsand back Janes ; \n(j) drainage, water-supply and lighting of the area included in the schemes; \n(k) parks, playing-fields and open spaces for the benefit of any area \ncomprised in the scheme and the enlargement of existing parks, playing \nfields, open spaces and approaches; \n(1) sanitary arrangements required for the area comprised in the scheme, \nincluding the conservation and prevention of any injury or contamination \nto rivers or other sources and means of water supply ; \n(m) accommodation For any class of inhabitants, industries, institutions, \noffices, local authorities, Co-operatives or Corporate bodies; \n(n) advance of money for purpose of the scheme; \n(o) facilities for communication and transport; \n(p) collection of such information and statistics as may be necessary for \nthe purpose of this Act; and \n(q) any other matter for which, in the opinion of the '[Administrator], it is \nexpedient to make provision with a view to provide housing \naccommodation and, or, to the improvement or development of any \narea comprised in the scheme or any adjoining area or the general \nefficiency of the scheme. \nExplanation. - For the purposes of this section the '[Administrator] may, \non the recommendation of the Board, by notification, specify area \nsurrounding or adjoining the area included in a housing scheme to be \nthe adj o i n i ng area.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 170
        },
        {
            "number": "22",
            "title": "Section 22. No homing scheme f(> be made fQr area included in improvement",
            "chapter": null,
            "content": "scheme or be inconsistent with town planning scheme. - (I) No housing scheme \nshall be made under this Act for any area for which an improvement scheme has \nbeen sanctioned by the '[Administrator] under the Punjab Town Improvement \nAct, 1922, or any other enactment for the time being in force, nor any housing \nscheme made under this Act shall contain any thing which is inconsistent with any \nof the matter included in a town planning scheme sanctioned by the '[Administra\ntor], under '[the Haryana Municipal Act, 1973] ; or any other enactment for the \ndme being in force. \n(2) If any dispute arises whether a housing scheme made under this Act \nincludes any area included in an improvement scheme sanctioned under any en\nactment referred,to in sub-section (I) or contains anything inconsistent with any \nmatter included in a town planning scheme sanctioned under the '[Haryana Mu-\n* Subs, by Cll4Admii. Gaz. Notification dated 13-3-1975 oi page 34-33 1. Substituted by Hr. Act 27 of 1980 as extended! to Chd. \n49G Haryana Mousing Board Act, 1971 (as extended to Chandigarh) \nnicipal Act, 1973] or any other enactment For the time being in force, the same \nshall be referred to the '[Administrator] whose decision shall bE final.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 180
        },
        {
            "number": "23",
            "title": "Section 23. Preparation and submission of annual housing programme, budget and establishment schedule",
            "chapter": null,
            "content": "and establishment schedule.(I) Before (he first day of December in each \nyear the Board ^sha'Il prepare and forward to the '[Administrator] in such form as \nmay by. prescribed-\n'\"' ' '\". (i) a. program me \n! :'.:''' . '' 00'*' budget for the next year ; and \n .- ^.:(iij) a schedule of Che staff of officers and servants already employed and \n'.' 'to be employed during the next year, \n(2) The programme shall contain,  \n(i) such particulars of housing schemes which die Board proposes to execute \nwhether in part or whole during tlie next year as may be prescribed; \n:\\..- (iij the particulars ofany undertaking which the Doard propose to organise \norexecute during the next year for the purpose of production orbuildiiig \n' materials; and \n(Mi) such other particulars as may be prescribed. \n(3) The budget shall contain a statement showing the estimated receipts and \nexpenditure dn-capita! and revenue accounts for the next year.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 190
        },
        {
            "number": "24",
            "title": "Section 24. Sanction to programme, budget and establishment schedule",
            "chapter": null,
            "content": ".^.[Administrator] may^sanction thbprogramme, budget and the schedule of the \n1 . stapfrdf officers and servants forwarded to it with such modification as it deems \n\"fit;- '''->. v^rs?;^.-;=.: v':;; v->.:x .... . .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 200
        },
        {
            "number": "25",
            "title": "Section 25. Publication of sanctioned programme",
            "chapter": null,
            "content": "publish the programme san.ctiohed.by it under seotion 24 in the '[Chandigarh Ga-\n..,. sette.l",
            "footnote": "",
            "is_definition": false,
            "sort_order": 210
        },
        {
            "number": "26",
            "title": "Section 26. Supplementary programme and budget",
            "chapter": null,
            "content": "time, duririg^he year, in respect of which a programme has been sanctioned under \nsection 24 submit a supplementary programme and budget and the additional sched\nule of the staff, if any, to the '[Administrator] and the proves ions of sections 24 and \n25 shall apply to such supplementary programme.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 220
        },
        {
            "number": "27",
            "title": "Section 27. Variation of programme by Board after it has been sanctioned",
            "chapter": null,
            "content": "The Bd'ard rhay,:at any time, vary any programme or any part thereoFsanctioned \nby the'[Administrator] ;.. \nProvided that no such variation shall be made if it involves anexpenditure in \nexcess often per centum of the amount as originally sanctioned for the execution \nofany housing scheme included in such programme or affects its scope or pur\npose.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 230
        },
        {
            "number": "28",
            "title": "Section 28. Sanctioned housing scheme to be executed",
            "chapter": null,
            "content": "has been sanctioned and published by the \"[Administrator] under sections 24 and' \n25, the Board shall, subject to the provisions of section 27, proceed to execute the \nhousing scheme included in the programme.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 240
        },
        {
            "number": "29",
            "title": "Section 29. Publication of housing scheme in the Official Gazette",
            "chapter": null,
            "content": "proceeding to execute any housing scheme under section 28, the Bo<ird shall by \nnotification publish the scheme. The notification shall specify that the plan show\ning the area which is proposed to be included in the housing scheme and the \nsurrounding lands shall be open to inspection ofthe public at all reasonable hours \nat the office of the Board. \n(2) If within two weeks from the date of the publication of the housing \nscheme any person communicates in writing to the Board any suggestion orob-\n* Substituted by Chd, Admn. Caz. Notification dated 13-3-1975 at page 34-35 \nHaryana Housing Board Act, 1971 (as extended to Chandigarh) 497 \n \njection relating to the scheme, the Board shall consider such suggestion or objec\ntion and may modify the scheme as it thinks fit. \n ^lTn B^ thaI!the\"} by notification publish the final scheme. The notifi\ncation shall specify that the plan showing the area included in the final scheme and \nthe surrounding lands and other particulars as may be prescribed .shall be open to \ninspection of the public at all reasonable hours at the office of the Board. \nW lnepubIicatiorjofanotcficatronundersiifvsection{3)shaHbeconclusive evidence that the said scheme has been duly framed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 250
        },
        {
            "number": "30",
            "title": "Section 30. Transfer to Board for purposes of housing scheme of land vested in a local authority",
            "chapter": null,
            "content": "a local authority. - (1) Whenever any street, square or other land, or any part \nthereof situated in any area of a local authority and vested in the local authority is \nrequired lor the purpose of any housing scheme sanctioned by the '[Administra-\nrorj, tile 1 ioarrl shall give notice accordingly to the local authority. \n . 1' Where ,t,he loc.al authority concurs, such street, square or other land, or \npart thereof, shall vest In the Board. \n . *) 35?.t?itf]w? '.3 any disP\"te the matter shall be referred to the VAdmin-\nlstratorj. The [Administrator] shall, after hearing the parties, decide the matter. \nI lie decision of the [Administrator] shall be final. If the ^Administrator] decides \nthat such street, square or land shall vest in the Board, it shall vest accordini*iy \nW Nothing in this section shall affect the rights or powers of the local au\nthority in or over any drain or water works in such street, square or land",
            "footnote": "",
            "is_definition": false,
            "sort_order": 260
        },
        {
            "number": "31",
            "title": "Section 31. Compensation in respect of land vested in Board",
            "chapter": null,
            "content": "land vests in the Board under the provisions of section 30 and the Board makes a \ndeclaration that such land shall be retained by the Board only until itrevests in the \nS,n SS7? \" P* if ^u^ r/n Poti Space undcr section 34 no compensation shall be payable by the Board to the local authority in respect of that land \n{J.) Where any land vests in the Board under section 30 and no declaration h \nSSfiSST Sub-Sectio? & in aspect of the land, the Board shall payto S& \nauthority as compensation a sum equal tn the value of such land \nhnA ( U ' muany C?Se ^CI?thc Uoard has made a declaration in respect of any S!trma^b\"feCt*P  Vh? ??rd r*tains r disP^s of the land contrary to Hie terms of declaration so that the land does not re-vest in the local authority, the \nfeenrdni ? I? ** ,0-0' authlil? compensation in respect of such land in accordance with the provisions of sub-section (2).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 270
        },
        {
            "number": "32",
            "title": "Section 32. Power of Board to turn or close public street vested in it",
            "chapter": null,
            "content": "Sblfc SEdJr VSCOntinue ^ Pub,ic use of* r Permanently close, any public street vested in it or any part thereof. \nnv nS?!^ne?r thf ^arddisoontinues thc P^Iic use of, or permanently closes, \n ffh^  hw .eaaonable means of access to be substituted in lieu of the \nHon  Se ntIt,ed' vth? stre?t.or Part hereof and pay reasonable compel*! \noubll? t^Z^f^? 1S ef!lltled' otherwi than Va mere member of the \nCm such dfscontuanclofSosing0 meHnS f \" ^ haS SUffe\"d dama** \ntiQn r<? W? iete2T'u'1!? t^ compensation payable to any person under sub-sec-\nconcS.;  Board.sha\" make al lowance for any benefit accruing to him from the \n^ r ?k'f*u ti\" r ,mProvcment ofany other public street at or about the \nttnnl ?J ati-he pU5h0 TCt ?r part thereof-on account of which the compcr,-tion is paid, is discontinued or closed, * \n* SubsMiutcd by Chd. Admn. Gaz. Noiifiealion dated 13-3-1975 at page 34-35* \n498 Haryana Housing Board Act, 1971 (as extended to Chandigarh) \n(4) When any public street vested in the Board is permanently closed under \nsub-section (1), the Board may sell or lease so much of the same as is no longer",
            "footnote": "",
            "is_definition": false,
            "sort_order": 280
        },
        {
            "number": "33",
            "title": "Section 33. Reference to Government in case of dispute under section 31 and",
            "chapter": null,
            "content": "32. - if there is any dispute as to whether any compensation is payable under \nsection 31 or section 32 or as to the amount of compensation payable under sec\ntion 31 or section 32, as the case may be, the matter shall be referred to the \nTribunal- .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 290
        },
        {
            "number": "34",
            "title": "Section 34. Vesting in the local authority of streets laid out or altered ana open",
            "chapter": null,
            "content": "spaces provided by Board under housing scheme. - (1) Whenever the [Ad\nministrator] is satisfied.-\n(a) that any street laid out or altered by the Board has been duly levelled, \npaved, metalled, flagged, channeled, sewered and drained in the manner \nprovided in the programme sanctioned by the '[Administrator] under \nsection 24 or varied under section 27 or modified under section 29; \n(b) that such lamps, lamps-posts and other apparatus as the local authority \nconsiders necessary for the lighting of such street and as ought to be \nprovided by the Boardhave been so provided ; and \n(c) that water and other sanitary conveniences have been duly provided in, \nsuch street; \nthe '[Administrator] may declare the street to be a public street, and the street \nshall thereupon vest in the local authority and shall thenceforth be maintained, \nkept in repair, lighted and cleaned by the local authority. \n(2) When any open space for the purposes of ventilation or recreation has \nbeen provided by the Board in executing any housing scheme, it shall on.comple-\ntion be transferred to the local authority concerned, by resolution of the Board, \nand shall thereupon vest in, and be maintained at the expense of, the local author\nity. . \n(3) If any difference of opinion arises between the Board and the local \nauthority in respect of any matter referred to in the foregoing provisions of this \nsection the matter shall be referred to the '[Administrator] whose decision shall \nbe Final.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 300
        },
        {
            "number": "35",
            "title": "Section 35. Other duties of Board",
            "chapter": null,
            "content": "measures with & view to expediting and cheapening construction of buildings and \nthe Board may for that purpose do all things for. -\n(a) unification, simplification and standard isationof building materials; \n(b) encouraging pre-fabrication and mass production of house components; \n(c) organising or undertaking the production of building materials required \nfor the housing scheme ; \n(d) encouraging research for discovering cheap building materials and \nevolving new methods of economic construction; \n(e) securing a steady and sufficient supply Of workmen trained in the \nwork of construction of buildings.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 310
        },
        {
            "number": "36",
            "title": "Section 36. Board to assume management of requisitioned lands",
            "chapter": null,
            "content": "shall, if the '[Administrator] so directs, and subject to the general control of the \n\"[Administrator], assume management of all or any of the lands requisitioned by \nor under authority of the '[Administrator]. \n* Substituted by Chd, Admn. Gaz. Notification dated 13-3-1975 at page 34-35 \nHaryana Housing J3oard Act, 1971 (as extended to Chandigarh) 499 \n*",
            "footnote": "",
            "is_definition": false,
            "sort_order": 320
        },
        {
            "number": "37",
            "title": "Section 37. Reconstitutiott of plots",
            "chapter": null,
            "content": "(a) for the formation of a reconstituted plot by the alteration of the \nboundaries of an original plul, \n<b) whli the consent of the owners that two or more original plots each of \nwhich is held in ownership in severally or in joint ownership shall, with \nor without alteration of boundaries, be held in ownership In common \nas a reconstituted plot; \n(c) for the allotment of a plot of any owner d is possessed of land in \nfurtherance of the housing 3cheme; and \n(d) for the transfer of ownership of plot from one person to another.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 330
        },
        {
            "number": "38",
            "title": "Section 38. Schemes entrusted to Board by YAdminlslralorj",
            "chapter": null,
            "content": "section 21 and section 23 to 19 (both inclusive) shall not be applicable to any \nhousing aohemc entrusted to the Board by the '[Administrator] except to such \nCKtent and subject to HIIUII mortifications as may be specified in any general or \nspecial order made by the '[Administrator] and every such order shall be pub\nlished in the 'fChandigarh Gazette]. \n**+",
            "footnote": "",
            "is_definition": false,
            "sort_order": 340
        },
        {
            "number": "36",
            "title": "CHAPTER IV",
            "chapter": "CHAPTER IV",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 350
        },
        {
            "number": "39",
            "title": "Section 39. Power tu purchase, lease or acquire land, - m The Board may enter",
            "chapter": null,
            "content": "into an agreement with any person or the '1 Administrator] For the acquisition from \nhim by purchase, lease or exchange, of any land which is needed for ihc purposes \nof a housing scheme or any interest in such land or for compensating the owners \nnf any such, right In respect of any deprivation thereof or interference therewith : \n'[Provided that the previoua approval of the Administrator .-shall be obtained \nin case oFpurehase or exchange involving land worth more than fifty lakhs rupees \nor lease for inure than five years.] \n(2) The Board may, from such date as the '[Administrator] may appoint by \nnotification in this behalf, also take steps for .the compulsory acquisition of any \nland or any interest therein required for the execution of a housing scheme in the \nmanner provided in the Land Acquisition Act, 1394. as modified by this Act- and \nth* acquisition of any land or any interest therein For the purpose ofthis Act shall \nbe deemed to LB acquisition for a public purpose within the meaning of thv Land \nAcquisition Act, 1894.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 360
        },
        {
            "number": "10",
            "title": "Section 10. Bcttcrucnt charges",
            "chapter": null,
            "content": "value of any land in the area comprised in the scheme will, in the opinion of the \nBoard he increased, the Board in framing the scheme may declare that Letter-\nment charges shall be payable by the owner of the land ur any person having an \ninterest therein in respect of the increase In value of the land from the execution \nDrth scheme. \n(2) Such increase in value shall bo the amount by which the value of the land \non the completion of the execution of the scheme estimated as if the land were \nclear of the buildings exceeds the value of the land prior to the execution of the \nscheme estimated in like manner and the betterment diarizes shall be one - half of \nSuch increase in value. \n(3) Such betterment charges .shall also be leviable in respect of any land not \ncomprised In the scheme but adjacent to the area comprised in the scheme. \n(^Notwithstanding anything contained in subjection (1) and (3), in respect \nof any land used for agricultural purposes at the time of the execution ofthe \n Substituted by Chd. Admn. Gst Notification dated 13-3-1975 nl pane 34-35 ~ \"~ \n1. Substituted by Mr. Act No. 10 nf 1989 as extended to Ch&ndigorh published on 2-4-1991 \n500 Hnryana Mousing Roarri ACT, 1971 (AS (mended ro Chandigarh) \nschemes the betterment charges shall be leviable by the Board in accordance \nwith such procedure as may be prescribed, only otter such land is used, or con\nverted for use for non agricultural purposes. \n4L Notice io person liable for betterment charges, - (1) The Board shall \ngive notice in the prescribed form to ny person, who Is the owner of or fins \ninterest in the land in respect of which the betterment charges are to be levied and \nshall give such person an opportunity to be heard. \n(2) After hearing such person or if such person is required to appear before \nthe Board, the Board shall proceed to assess the amount of betterment charges. \n(3) Where the assessumiiL of buUcruieiil charges proposed by this Board is \naccepted by the person concerned within the period prescribed, the Assessment \nshall be final. \n(4) If the person concerned does not accept the assessment proposed by the \nBoards the matter shall be referred to the Tribunal, \n(5) The Tribunal shall, after holding an enquiry and after hear! ng the person \nconcerned assess the amount of the betterment charges payable by the person.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 370
        },
        {
            "number": "42",
            "title": "Section 42. Agreement for payment of betterment charges",
            "chapter": null,
            "content": "liable to pay betterment charges in respect of any land may at his option instead of \npaying the same to the Board, execute on agreement with the Board, to leave the \npayment outstanding JIS a charge on his interest in the land, subject to the payment \nin perpetuity of interest at such rale as may be prescribed. \n(2) Every payment due from any person in respect of betterment charges \nand every charge referred to in sub-section (1) shall, notwithstanding anything \ncontained in any other enactment and notwithstanding the execution of any mort\ngage^ or charge, created either before or after the commencement of this Act, be \nthe first charge upon the interest of such person in such land.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 380
        },
        {
            "number": "43",
            "title": "Section 43. Recovery ofbetterment charges",
            "chapter": null,
            "content": "land by any pereon in respect of betterment charges under section 40 or by any \nperson under an agreement under section 42 shall be recoverable on behalf of the \nBoard as arrears of land revenue.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 390
        },
        {
            "number": "44",
            "title": "Section 44. Power to dispose of land",
            "chapter": null,
            "content": "istrator] under this Act, the Board may retain, lease, sell, exchange or otherwise \ndispose ofany land, building or other property vested in it and situate in the area \ncomprised in any housing scheme sanctioned under this Act. \nCOMMENTARY \nAllotment or houses - Escalation of price - It was stipulated in the bro\nchure that price escalation if any, would not exceed 10% of the original price -\nDevelopment Authority Is bound by terms of agreement In view of provision of \nSection 10 of Contract Act 1872 - Authorities raised 4-1/ times in price keeping \naside the terms of agreement - Act of Authorities obviously is violative of Article \n14 ofthe Constitution as well as provisions of Section 15 of Contract Act- Price \ncHiiiinL excised l.he prescribed limits - In such case Author!lies are required to \nsatisfy the court that escalation in price Is not done In arbitrary and erratic manner \n- Prashant Kumar s case (2000)4 S.C.C. 120 distinguished and D.D.A. b case \nA.I.R. 1995 S.C. 1 followed Kanpur Development- Authority v. Suit. Shccla \nDevi, 2004(1) II,R.R. 1 S.C. \nAHulnicnl tifH.T.G. huuses - Discriiiiiuaiiun - The (musing Rt.mrtl allot\nted houses in favour of some officers and ignored the petitioner who was similarity \nsituated - Order wholly unjustified - Shri L.R. Roojam v. Shri K. Banarji, Chief \nCommissioner, 1985 H.R.R. 220. \n* Substituted by Chd. Adtnn. Gaz. Notification dated 13-3-1975 ai pugc 34-35 \nHaryana Housing Board Act, 1971 (as extended to Chandigarh) 501 \nAllotment - Revised policy of industrial sites forth establishmentof print\ning presses called into question in writ petition - Revised Policy does not suffer \nform any act of arbitariness - Appellants formed a separate class - All persons \nwho have applied for industrial sites For establishing printing presses were grouped \ntogether- No descrimination -Appeal dismissed- Constitution of India, Article 14 \n- Paradtsh Printers v. Union Territory of Chandigarh, 1938 H.R.R. 409 S.C. \nThe petitioner was allotted a flat way back in 1987 when she was regis\ntered at Sr. No. 536 in the category of HIG (L) I houses but she was refused \npossession thereof on one pretext or another - The Board is debarred by its own \nconduct from raising baseless objection at such a belated stage when prices have \ngone sky rocketing - She cannot possibly apply for a plot of the same area for the \nprices prevalent in the year 1987 - Respondent directed to hand over the posses\nsion of the flat to the petitioner - Inder Bir Kattr v. The Chairman Chandigarh \nHousing Boald, 1 993 HRR 578. \nAllotment - Incomplete construction - Respondent allottee had been \ninforming the appellant Board, time and again, for making the flat residcntiable by \nputting up fittings and fixtures without which the flat remains only in a skelton \nform - It was being used for storing cement by the Board - Respondent without \ncompletion of construction of flat cannot be compelled to execute the agreement \nto pay the revised rate of the Hat with interest- Dismissing the appeal of Board it \nis directed to comply with the directions of the High Court issued vide its order \ndated 2.2.1993 - Bihar State Housing Board v. Lai it Ram, 1997 H.R.R. 243 S.C. \n--The petitioner applied fortheallotmentofa Flat under a Scheme \"foronc \nand all\" - She depositee! a sum of Rs. 4,000/- and later on Rs. 50,000/- for allot\nment of House in Sector 45-A - She wrongly stated in her application that no \nmember of her family was owning any residential house or plot in Chandigarh/ \nPanchkuta or Mohali while her husband had already been allotted a house - She \nrealizing her mistake, wrote to the Board to cancel her husband's house to enable \nher to have the second house in Sector 45-A allotted to her but no reply was given \nby the Board -After having been directed by the Hon'blo High Court to hear her \nin this respect, the Board cancelled her allotment of Sector 45-A and ordered Rs. \n54,000/- to be forfeited under Regulation No. 6 (2) of Regulation 1979 - Held the \norder of the Board cannot be sustained - The petitioner had acknowledged her \nin istake - She was not given any opportunity to explain her position by the authori\nties - Forfeiture of the entire amount of Rs. 54,000/- of a Class III employee is a \nheavy loss - However, forfeiture of Rs. 4,000/- deposited with the application \nwould meet the ends of justice - The respondent is directed to refund Rs. 50,000 \nto the petitioner with interest at the rate of 12% per annum - Smt. Ram Dulari v. \nUnion Territory, Chandigarh, \\994 HRR 67. \n_ Allotment of flat -Appellants were allotted plots and were delivered pos\nsession of the same in the year 1988 by the respondent-Total payment was made . \nby them as agreed - Demand made by Development Authority for additional pay\nment from the appellants is not justified as they had paid the entire co3t of the Hat \nas agreed between the parties - Order of the High Court on, the ground of limita\ntion cannot be sustained as the objections in this regard were still pending before \nthe Authority for consideration - Sanjay Place Group Housing Association v. \nAgra Development Authority, 1994 HRR 154 S.C. \nAllotment of Government houses - Cancellation - On an inquiry it was \nfound that the petitioners who were allotted government houses, had sublet the \nsame and In-consequence thereof their allotment was cancelled - Held, the mere \nfact that a cyclostyled order was passed, does not prove that there was no appli-\n502 Haryana Housing Board Ad't, 1971 (as extended to Chandigarh) \nnation urmiud by the authorities concerned - Balwupt Sin^jh v. Chief Secretary \nGovernment Punjab 1989 H.R.R. 620 D.B. \nAllotment of house - The petitioner, an applicant for the allotment of a \nhouso, was at the 1st serial number in the woiting list fo< ihc allotment-Allegedly \nhis seniority was ignored and respondent No, 4 was allotted the house as the later \nhad an influence in the corridore of the Housing Board - [t wa3 found that respon\ndent No. 4 had a preferential right whose claim was inadvertently ignored by the \nHousing Board - It would not be proper to nullify the allotment of numerous people \nwho are not even party in the case - However, the respondent Board was d irected \nlu consider the petitioner's ease sympathetically fur allotment of another house -\nMritanjay Dosaj v. Haryana Housing Board and others 1994 H.R.R. 265. \n-Discretion - Petitioner deposited Rs. 1,000/- with an application invited by \nHousing Board for allotment of houses - Petitioner was unsuccessful for allot\nment in draw of lots - No objection was filed against the allotment through draw of \nlots All the allottees were not impleaded - No reply about the letter giving option \nof choice of plots was given by petitioner - Moreover, writ petition was filed after \na delay of more than one year - There i3 no illegality in the allotment - Shamir \nSingh v Chandigarh Housing Hoard, 1995 H.K.K. 499. \nAllotment Rules - Violation - Respondent had applied for allotment of a \nplot in Patna under the Scheme of Allotment -An undertaking was given that in \ncase there was any allotment in the name of any member of the family including \nhimself he would inform the Allotment Authority in this respect- First allotment \nwas made in his name within the Municipal limit of Patna with delivery of posses\nsion Second allotment in the name of respondent was also made in the same \nvicinity No information was given to Authorities about first allotment violating \nterms of affidavit- Cancellation of second allotment by Autliuulics is legally valid \n- No citizen can be allowed to have second allotment within the same municipal \narea under the Allotment Rules- Order of High Court sustaining (ho allotment on \nequitable grounds quashed - Rules 2, 9 and 14 of the Rules for Settlement of Land \nAcquired and Developed by the State Govt, of Patna - Bihar State Housing \nBoard w Satya Narayan Prasad, 1998 H.R.R. 153 S.C. \nApplication of mind - Illiterate Chairman  Petitioners were allotted \nhouses by respondent with a tentative price of Rs. 35,000/- which was deposited \nby petitioners in the year 1977 - Subsequently, it was in 1981 that fresh cost of \nconstruction was computed to the tune of Rs. 62,8007- - It w,as alleged that Chair\nman of the Board being an Illiterate person had disposed of their ease without \napplying his mind as he could not understand either Hindi or English - There Is \nforce in this contention -A quasi judicial Authority should apply its own mind and \nshould not depend on the assistance of his staff- This kind of practice can neither \nhe appreciated nor meefc the ends of justice - Haryana Housing Doard was di\nrected to keep in mind what is being observed herein for future - Parmanand v. \nChairman, Housing Hoard tTaiyanuh 1996 H.K.K. 559. \nArbitrary act - Increase in price - Chandigarh Administration increasing \nthe price uf the allotted plots in any arbitrary and unreasonable manner- Interferr \nenCe In the arbitrary act of the Administration under Article 226 of the Constitu\ntion is amplyjustified - Major General Ram Singh (RetdJ v. Chandigarh Housing \nBoard, 1991 HRR375. \nAllotment - The petitioner deposited 10% cost of the house to be allotted \nto him under a Scheme of the Housing Board, Haryana in Sector 29. Faridabad -\nHe was allotted registration No. 645 - Having remained unsuccessful In the allot-\niiienl he was assured that his registration number would remain intact for allot-\nHaiyana Housing Board Act, 1971 (aa extended to Chandigarh) 503 \nmerit in Sector 3 for the allotment of house He deposited the additional price of \nthe house as demanded by the Board - Again he .was not allotted any house \nthough there ware 774 houses available while his registration No. was 645 - Peti\ntioner was obviously entitled to allotment of a house in Sector 3 where the Board \nwas allotted 40 acres of land for the construction of houses - Respondent- Board \nWM directed to accept the demand of the petitioner and allot nim a house in \nSector 29 or 3 at the rate prevalent at the date of original application - Svrj'tt \nSingh's case AIR 1980 P & H 65 distinguished - Anil Kumar Chawla v. Hous\ning Board tiaryana 1994 H,R,R. 267. \nCancellation of allotment  An LIG flat was allotted to petitioner on the \nbasis of income category Monthly income shown as Rs. 4712/- whereas he was \ndrawing gross salary of R$. 5715 - Maximum limit for allotment of LIO flat was \nfixed at Rs. 5500 - Show cause notice about cancellation of flat is not illegal as \npetitioner was not eligible for the allotment Petition dismissed - Pawan Kumar \nv State of Haryana, 2009(2) Haryana Law Reporter 213 D.B. \nCancellation of plot - Automatic cancellation - Where the allottee nei\nther conveyed acceptance nor paid the amount asked for within 30 days of the \nreceipt of allotment letter, it was held, that allotment stands automatically can\ncelled under Regulation 5 (5) of the Regulation 1978 - Smt, ArimaLuthra v. State \nof Haryana, 1987 (2) PLR 124 = 1986 Rev. L.R. 324. \nCancellation of plots - Opportunity - In S.K Oass v, Slate of Haryana, \n198S PLJ 123 D.B. where-the allotments of plots were made to various persons \nout of the discretionary quota of the Government made by successive ministries \nand at the instance of Lok Dal ministry orders of cancellation of allotments of \nresidential plots were made. These orders of cancellation were challenged before \nthe Hon'ble Pb. & Hr, High Court - Whereupon the Division Bench made the \nfollowing observations: That blanket order of cancellation is liable to be struck \ndown (i) Where the Government did not apply its mind or acted arbitrarily or \nwhere no guide lines were laid for allotting plots carved out of green belts or areas \nreserved for public purposes (ii) Where allotee started construction after getting \nplans sanctioned (iii) where HUD \\ did not apply its mind at all before issuing \nletter of cancellation, (iv) Where no show cause notice was given for cancellation \nas po_<rt decisional hearing would not meet ends of justice (v) Where the bona fide \npurchaser lor consideration from the original allottee was protected by Section 41 \nOf Transfer of Property Act. \nHeld, further that Courts always have control over arbitrary acts of Execu\ntive authority, The executive authority is required to discharge its function in good \nfaith and farely and not in arbitrary way. Unchecked power is alien to rule of law \nW&iJt.Dass v. State of Haryana 1988 PLJ 123 =- 1988 (1) PLR 430 - 1988 \nRlRi.IL 370. \n.Compound interest-As per terms of allotment letter respondent Housing \nBoard was al lowed to charge fair price of plot within 7 years of date of allotment \n- Ft included expenditure on construction of tenements and payment made towards \nenhanced compensation of land acquired alongwith 15% interest compounded \nquarterly on enhanced amount of compensation - It was never challenged by \noriginal allottee who went on depositing installments as per schedule hi the facts \nof the case, petitioners are not entitled to raise objection against charging of \ncompound Interest - Petition dismissed - Hartley Singh v. Housing Board \nHaryana, 2009(2) Haryana Law Reporter 627 \nDiscrimination - A press corrspondent, subsidised in house rent by State \nGovernment - Chandigarh Administration cancelled the allotment, taking the view \n504 Haryana Housing Board Act, 1971 (as extended to Chandigarh) \nthat allottee was a mere licensee as the subsidy in rent was withdrawn by the \nState government - Held, such a stand on the publ ic authority is not in consonance \nwith the constitutional ohligation of the Government and its functionaries - Order \nof the Chandigarh Administration held to be illigal - Rajinder Kumar v. U.T \nChandigarh, 1983 H.R.R 410. \nEnhancement of price - Petitioners were allotted houses at the rate of Rs. \n1,20,700/- for ground floor and Rs. 1,15,700/- for the 1st floor-Additional price of \nRs. 20,500/- and 19,600/- was demanded for Increased cost of construction and \nRs. 626V- and Rs. 2906A respectively on account of compensation of land - No \njustification was given for the enhancement of price and only justification was \ngiven that the work of construction by earlier contractor was not completed within \ntime - The action of the Board enhancing the price cannot be sustained and is \nviolative of Article 14 of the Constitution of India - Krishan Lai v. Housing \nBoard Haryana, 1994 HRR 207. \nPetitioners were allotted multi-storoyed flats at Manimajra by the respon\ndent Board - In category I tentative price of the flat was Rs. 4 Lacs and in \ncategory II it was Rs. 3 lacs - Subsequently the price was enhanced to Rs. 6-25 \nlacs and 4.75 lacs respectively, to be deposited by the petitioners - No reply was \ngiven to the representation made to the Board - Held, there is no justification for \nincreasing the price arbitrarily - Notice of enhancement of prlee field liable to be \nquashed - However, it will be open to the Board to take fbrther action in accor\ndance with the terms and conditions of the contract in question - Dalbir Singh \nBhagat v. Chandigarh Administration, 1993 H.R.R. 514 D.B. \n'The Chandigarh Administration decided toatlotsome land forconsrructionn \noften shops to Chandigarh Housing Board at the rate of lis. 500/- per sq, yard -\nThe Board, thereafter invited application for allotment of these shops in the year \n1983 and again in 1986 -The allottees were issued demand cum allocation letters \ndemanding Rs. 3.5 lakh each plus balance amount of Rs. 1,5 lakh to be paid after \nthe delivery of possession of the shop - It was in the year 1989 that the Board \nfixed and demanded Rs. 12,05,514/- against the tentative price of Rs. 5,00,000/-\nas advertised earlier - Held, the price as demanded by the Chandigarh Adminis\ntration vide its letter dated 31.10.1989 is hereby quashed with the direction that \nthe allottees may be given possession of the shops at the rate of land as advertised \nearl ier - Major General Ram Singh (Retd,) v. Chandigarh Housing Board, \nI991HRR375. - * \nEscalation of price - In the instant case an LIG house was allotted at the \ncost was Rs. 45,000/- - Subsequently allottee was informed that escalation cost \nwas raised to Rs. 2,08,000/- as final cost i.e. 4-7, times of original cost - As per \nterms of brochure price could be raised upto 10% only - Allotment authorities \nacted in an arbitrary manner not only in enhancing the price but also in delaying \nthe possession - Order of High Court yetting aside the escalation of price upheld -\nKanpur Development Authority v. Smt. Sheela Devi, 2004(1) H.R.R. 1 S.C. \nInstalment - Reduction in period - Petitioners were allotted houses by \nthe respondent -Total amount was to be paid in instalments spread upto 10 years \n- Period of payment reduced from 10 years to 8 years - The action of respondent \nredacting the period is illegal and not binding on the petitioner - The order of \nreducing the period cannot be sustained - Krishan Lai v. Housing Board \nHaryana, 1994 H.R.R. 207. \nInterest on deposit - Respondent, Housing Board Haryana agreed to com\nplete the construction of allotted house within 2 years from the date of allotment -\nHaryfltia Housing Board Act, 1971 (as extended to Chandigarh) 505 \ni \nPetitioners deposite'd the amount in the year 1980 and 1982 - Houses were allot\nted in the year iyy - Petitioners held entitled to interest on their deposits at the \nrate which is paid by the Nationalized banks in Saving Hank Account - Ki'lshan \nLai v. Housing Board Haryana. 1994 HRR 207 \nMisuse of premises - Misuse of premises by allottee who laiscd \nunauthorised construction on allotted land-Though allottee hecamft absolute owner \nofallottcd plot still local authority has jurisdiction to regulatethe violations or misuse \nof property by the allottee - Commissioner or any other officer authorized by \nCorporation has discretionary power to compound any offence u/s 383 of Maryann \nMunicipal Corporation Act - But such power should be exercised with abundant \ncaution by authority concerned - Sut-esh Kumar v. Municipal Corporation, \nFaridabad, 2006(2) HRR 306 D.B. \nPower of resumption - Constitutional power - No constitutional invalid\nity can be imputed to power of resumption under the Act, The very concept of a \nplanned urban development is now a well recognised social norm of a welfaie \nState challenge to constitutionality ufpruvisions uFAel on the basis ofprinclples \nenunciated on Otga Iblls case AIR 198(3 S.C 180 cannot be sustained - Sural \nShlgh v. State of Haryana, 1990 PLJ 126 D.B. \nWeapon of hist resort - Where construction ofbuilding was to be started \nwithin two years as per condition of allotment letter The allottee could not stmt \nconstruction within the stipulated period as the actual possession of the plot was \nnot delivered to him by the authorities. Held, order of resumption on the ground of \nfailure to construct the building within the said period is wholly arbitrary. Power of \nresumption must be used as a weapon of last resort with ^reat caution by the \nauthority under the Act - D.N. Kajriwal w State of Haryana. 1987 PLJ 532. \nPricing - Petitioners were allotted houses at the tentative price oFRs. 15,000/ \n- per house - Subsequent price was revised to Rs. 62,H007- due to rise fn aost of \nbuilding material,,, labour charges and other reasons - Petitioners had given their \nconsent for such increase from time to time.- There is no illegality in the demand \nof enhanced price by the Board - Moreover, Courts cannot go into the question of \nijricingofhoustjs- Petition dismissed -Parmanand'v. Chairman. Housing Board \nlaryana, 1996 H.R.R. 559. \nResumption and Natural justice - Where no notice was issued to guard\nian of the petitioner who was a minor, the resumption order was quashed - Sural \nSingh v. Stale ofllarya/ia, 1990 PLJ 126 D.B. \nResumption and opportunity - Where the order of resumption was in \nrespect ofbuilding in occupation uftenants along with the owner it was held that \nboth owner as well as tenant are entitled to be heard before an order of resump-\nLion is passed. In the absence of any material to show the issuance of such notice, \nthe order of resumption was qtKished - Surat Singh v, State of Haryana, 1990 \nPLJ 126 D.B. \nTransfer of plot - One Smt. Prem Lata was allotted an MIG House on hire \npurchase basis - Price of the dwelling unit was fully paid and all formalities were \ncompleted within the stipulated period - The provisional permission for the trans\nfer of allotted plot in favour of Ihe petitioner was granted by the Board - Transfer \nfee was deposited after the stipulated period with in wh teh the affidavit and indem\nnity hond was to be furnished - Delay in deposit of fee and other document not to \nstand in the way of transfer of the plot - The Board is directed to intimate the \namount of conveyance dud charges to be deposited by the petitioner within 15 \ndays and then to transfer the dwelling unit rn the name of thg pctif ioncr Mis. M. \nBali v. Hoi/sing Board Haryana, Chandigarh, 1994 1IRR 88, \n506 1 Tar/ana Housing. Board Act, 1971 (as extended to Chandigarh) \nUnnutlioiUed Construction - A dwelling unit was allotted to petitioner \nunder the calory of \"Economically weaker scclion\" at Maloya eu cniy at \nChandigarh who raised unauthorized construction on Government land -Allplineiit \nclSw for violation of term, of allotment letter^ Pttitiom* *toP{> \". J\"g \nfor long period - No relief granted to him - Petition dismissed - Suraj u Union \nTerritory Chandigarh, 2008{2) liRR6'34 L>.B. \nv3id/invftlid order of allotment - Mere reminding through * l**fr to take \npossession of a house which already is allotted to another person, cannot be termed \nSs a\"order of allotment - Sumer Chand Bhalt v. Tfie Housing Board, Haryana, \nl9W Violations of conditions - Cancellation - Peliuui.ei was allotted an HtG \nHouse under Self Financing Scheme- The main cond.t .on of allotment was that \nno family member of Allottee should be owning any house within the h mfc of \nTricity i o Chand igarh. Mohall and Panchkula - But in the present case husband \nXi was owning house in Panchkula ancI this fact was not disclosed by \npetitioner She had suhmTtted a false affidavit in this regard - Pet.tfoner can ^ck \nno relief from the Ouurt in this regard or. allotment was 8hy ^llcd by auftorifr \nbelow - Petition dismissed - Shasta Bala v. Chandigarh Housing Board, 2014(2} \nHarvana Law Reportei 52G D.B. \nViolation of legal provision - Encroachment - Show cause nofcu -\nnrlevancc of the petitioner is against a show cause not.ee by respondent tor \nencroachment on government land and issuance of notice w .^^'T' \nauthority - The plea that issuance of notice under Punjab Capital Act and also \nunder Housing Hoard Act is against law - Held the objection is without any men \nin view of decision rendered by this Court in Paramjeet Singly case deeded on \nA T ?n I ? (CWP No 10970 of 2007) when it was held that i apital of Punjab ACtt \n1952 is applicable to urban as well as rural area of UT, Chandigarh as envisaged \nby section 4 of the Punjab Reorganisation Act, L966 The objection is repelled -\nBut as no opportunity of hearing after issuance of notice and passing of an order \nwas given to the petitioner, the impugned outer is not legally susUnnable- Impugned \nOlder quashed - Case remanded to pass an order after hearing the petitioner -\nPetition allowed - RS. Sawhneyv. Chandigarh HousmgBoard, 2012(1) Haryana \nLaw Reporter 499 D.B, \nCASES UNDER CONSUMER PROTECTION ACT, 1986 \nThe Housing activities carried on by the Statutory Authoritiesi or Pvafe \nbuilders come within die purview of the Consumer Protection Act WW - as held \nin Luchurw Development Authority v. M.K. Gupta's case 1994 (1) CPC I 3.C. \n. It has been observed in this case by the apex Court that when any statutory \nauthority develops land or allots a site or construct a house for the benefit ot \ncommon man, it is as much service as hy the builder oi a contractor -The caseu \ndealing with the subject of plots, flats or houses decided under the Consumer \nProtection Act are being discussed below > . _ \nAllotment - Allotment made by Housing Board to 235 members ot the \nrespondent/society - Society introduced6 new memhers which delayed the allot\nment of additional land- Housing Buard not liable foi delay in allotment which \nwas caused by Society itself- Chandigarh Housing Board v. Krishan Kvmar \nCW, 2009(2) CPC 390 N.C. \nHaryana Housing Board Act, 19/1 (as extended to Chandigarh) 507 \nt \nAllotment through lottery - Demand of extra charges for allotment of \ncorner plot as per rules is not illegal even if it is a draw of allotment by lottery -\nEstate Manager, M,K Housing Board v. Rajesh Kumar Gupta, 2010(1) CPC \n376 S.C \nConversion in freehold N.O.C. - Pctitioncr/OP refused to issue NOC \n3ua allotted house fbr conversion it in freehold on vague grounds  Kora below \nirected OF to issue NOC - Impugned order held to bo justified - 2012(2) CPC \n362 N.C. \nDemand of inflated price - All the authorities below d ismissed the plea of \nthe pel it inner who raised false demand against the allottees Continuity of frivolous \nlitigation should be discouraged Petition dismissed with penal cost of Rs. 1 lac-\n2013(1) CPC 630 S,C. \nExtra charges for corner plot - Demand of extra charges For allotment \nof corner plot as per rules Is not illegal even if it is a draw of allotment by lottery. \nlottery- Estate Manager. M.P. Housing Board v. Rqjssh Kumar Gupta, 2010(1) \nCPC 376 SC-\nHousing allotment - Allotment under Hire Purchase Agreement - Mous\ning Board demanding enhanced price illegally  Complainant not liable to pay . \nenhanced price Deficiency in seiviee proved - Housing Board Haiyana v \nLekh Raj, 2009(3) CPC 686 Hr. \nHousing Board - Allottee transferring plot to another person against terms \nnf allotment -Not entitled to relief for delay in delivery ofpossess ionby Houaing \nBoard - Chandigarh Housing Board v. Kapur Singh Qrewal, 2000(1) CPC \n112 Chd. \nAllottees not entitled to raise the question ofpricing of flats or plot under \nthe Consumer Protection Act - Punjab Housing Development Board v. All \nIndia Defence Personnel Welfare Association (Regd.), 1995(1) CPC 310 N.C. \n-Application for allotment of house in violation of Rules - Cancellation of \nallotment by Housing Board justified - Preeti Ahluwalla v. Chandigarh Hous\ning Board, T 999(1) CPC 6S Chd. \nAuthority of Housing Board in fixation oFprice of plot/flat is not open to \nchallenge under Consumer Protection Act - National Consumer Awareness \nGroup (Regd.) Chandigarh v. The Hovstng Commissioner, Punjab Housing \nDevelopment Board, 1997(2) CPC 60P N.C. \nBoard not bound Lo pay repair expenses unless proved by cogent evi-\ndonoe by allottee complainant - Chairman, Tamil Nadu Housing Hoard v N \nSivasailam, 1996(2) CPC 337 N.C. \n_ Cancellation of allotment of house due to violation of Regulation - Board \nm liahle tn refund after deducting 10% of deposited amount  Chandigarh Hous\ning Board V. Surindcr Pall Sons, 2004( 1) CPC 413 N.C. \nComplainant taking possession of house without any protest - Claim for \namount allegedly spent on house, cannot be accepted - Sushi! Kumar Gupta v. \nHousing Board Haryana and Anothert 1996(H) CPC 35 Chd. \nComplainant who had deposited Rs. 1,10,000/- for house allotment was \nnot allotted the house for three years - Housing Board held liuble to compensate \nthe complainant - U.P. Avas Evam Vikas Partshad (Housing and Development \nBoard) n C.P. Sharma and Others, 1991 CPC 327 N.C. \nComplainant's house was reallotted to another person as ha had failed to \ncomply with the necessary condition - Housing Board not liable fnr definient ser\nvice - Ramrsh Chand v. Chandigarh Housing Board, ,1996(2) CPC 25 Chd, \n503 Harynna Housing Board Act, 1971 (as extended to Chandigarh) \nComplaint against charging of escalated price by Housing Board - Order \nof State Commission awarding escalation cost upto 20% and direction toremove \nthe defects upheld - Harendra v. M.P Qrih Nirman Mandal, 2002(2) CPC 131 \nN C. \nComplaint regarding allotment of defective house is maintainable under \nthe Consumer Protection Act - Dilbagh Rai v. Housing BoardJTaryana, 1994(2) \nCPC 435 N.C. \nCracks appeared in the walls of flat allotted to complainant - Housing \nBoard held liable to pay Rs. 25,000/- to complainant - Prof. R. Shanmugasundaram \nv. Tamil Nadu Housing Board, 1997(2) CPC 384 N.C. \nDelay in allotment of house without sound reasons - Housing Board is \nguilty of deficiency in service - Rajasthan Housing Board, Jaipur v. Dr. Veer \nSingh Mehta, 1997(1) CPC 412 N.C. \nDel?y in delivery of possession of flat due to non- supply of water and \nelectricity- Housing Board not liable for delay-/1. Oopala Subramaniam v. Vice \nChairman, A,P.H.H., Hyderabad, 1995(2) CPC 223 N-Q \nDelay of 7 years in delivery of possession of allotted house - HUDA is \nliable to pay 18% on deposit starting from two years afterdate of deposit- H. U. D.A. \nv. Deviea Jaswal, 2003(1) CPC 111 N.C. -, u \nDemand of balance amount from allottee was made in 1992 by Housing \nBoard - Payment was made in 199* - Allottee directed to pay 12% interest for \ndelayed period - M.P. Housing Board v. Jagat Kishore Khare, 2002(1) CPC 186 N.C  .  Jjr , c , c .-Directions can be issued to the Housing Board for removal ot detect in \nthe houses - Directions concerning schools or roads facilities cannot be issued -\nSecretary, Orissa State Housing Board v. The Chandra Sekfiarpur Housing \nBoard Colony Unnayan Samiti, 1994(1) CPC 376 N.C. \nHousing Board cannot be burdened with a disproportionate compensation \nby consumer Fora - Bihar Stale Housing Board v. Frio Ranjan Roy, 1997(2) \nCPC 430 S.C. \nHousing Board charging higher price than 10% of the indicated price of \nplot and delaying the possession - Allottee entitled to refund of excessive price \nwith 18% interest - M.P. Housing Board K Ashok Chandra Varshmy, 2003(2) \nCPC 7 N C \nHousing Board delayed possession of flat for three years after receiving \npayment - Directed to pay Rs. 22,000 as compensation - Chandigarh Housing \nBoard y. Daljit Singh 2001(2) CPC 133 Chd. \nHousing Board failed to complete construction of house within stipulated \nperiod - Hetd guilty of deficiency in service - Rajasthan Housing Board v R.C. \nBhandari, 1997(1) CPC 465 N.C. \nHousing Board failed to construct house in agreed time after payment -\nDirected to refund entire amount with interest after deducting 20% of initial de\nposits - Bihar State Housing Board v. Gauri Shankar Singh, 2003(2) CPC 262 \nN C \n\"' Housing Board failed to construct the houses in time due to paucity of \nfunds - Deficiency in service not proved - Prem Lata (Mrs,) V The Punjab \nHousing Development Board. 1994(1) CPC 25 Pb. \nHousing Board misleading complainant about grant of loan from his em\nployer cancelled allotment despite payment of initial price - Housing Rnard di\nrected to refund the amount with 18% interest - Allam Aslam v. The Chairman, \nTamil Nadu-Housing Board, 2003(2) CPC 505 N.C. \ni. \nI \nHaryana Housing 3oard Act, 1971 (as extended to Chandigarh) 509 \nI lousing Board though is statutory Body is not exempted from the provi \nsions of the Consumer Act - Directed to make its Rules \"fair and just\" to the \npublic - Punjah Housing Development Board v. Shri Anil Shanna, 1991 CPC \n601 Chd. \nHousing board, respondent not receiving the cheque though due to mis\ntake of another statutory body - Respondent is not at fault - Dr. Sunii Kumar \nWad/jwa v. U. P. Avas Evam Vihas Parishad, 1991 CPC 523 N.C. \nMIG flat constructed by the Housing Board found in dilapidated condition \n- Board directed to refund enf ire price with 12% p.a. interest and costs - Housing \nBoard, Haryana through its Chief Administrator v. Shri Ramesh Kumar Cioel, \n2002(2) CPC 362 Chd. \nNo Objection Certificate denied to allottee who failed to raise construc\ntion - Order uf cancellation of plot is unjustified - Chairman, Tamil Nadu Hous\ning Board v Pitchaimuthammal, 1996(2) CPC 339 N.C. \nNon delivery of possession of house despite payment of full amount -\nHousing Board directed to pay Rs. 5U,00U/- as costs - Rajasthan Housing Board \nv. Prakash Chand Jain, 2001(2) CPC 661 N.C. \nPricing policy of Housing Board cannot be challenged under the Con\nsumer Protection Act - Housing Board Haryana v, Kartar Singh etc. etc., \n1995(1) CPC I N.C. \nThe MRTP Commission based it is finding on unfair trade practice against \nHousing Board on no evidence - Order of Commission set aside - Rajasthan \nHousing Board v. Smt. Parvati Devi ate, 20UU(2) Cl'C iyy S,C \n-Total price of flat paid - Delay of 7 months in possession - Housing Board \ndirected to pay 12% interest on deposited amount - Chandigarh Housing Board \nu Shri Harjinder Singh, 2002(2) CPC 316 Chd- . \nUndue delay in sanction of zoning plan resulting in delayed pnssussiuw uf \nplot - Housing Board directed to pay 9% p.a. interest on deposited amount -\nKrishan Kumar Goei, Advocate v. Chandigarh Housing Board, 2003(1) CPC \n396 Chd. \nWife allotted a house - Hushand rightly declined allotment by Chandigarh \nHousing Board - P.S. Sawhney v. Chandigarh Housing Board, 1999(2) CPC \n229 N.C. \nHousing complex - No provision for providing lift in agreement - Com\nplaint regarding lack of facilities of lift dismissed - /. Parthasrthy v, M/s, \nHomejiyiders Housing Promoters Ltd., 2002(7.) CPC 94 N.C. \nHousing construction - Delay in construction of house by Development \nAuthority within time due to factors beyond its control - Deficiency in service not \nproved - SomimurtUura v. The Mysore Urban Development Authority, 1994(2) \nCPC 414 N.C. \n Delay of seven years In delivery of possession of allotted house - Com\nplainant held entitled to compensation - HarbanS Singh V. Lvcknow Develop\nment Authority, 1994(1) CPC 3K1 N.C. \nHousing loan - Provisions of Bihar Coop. Society Act no bar ty complaint \nagainst charging of higher interest on housing loan - Ram Deo Singh (a). Ram Dev \nPrasad Singh v. Bihar State Housing Coop. Federation Ltd., 2003(2) CPC \n564 N.C. \nHousing scheme - Complainant deposited Rs. 3000A in 1989 as registra\ntion amount lor allotment - Scheme abandoned in 1996 without reason - Com\nplainant entitled to 18% interest nn deposits - Punjah l/rhan Development Atf \nthority v, Shri Jnder Pal Singh, 2002(1) CPC 389 N.C. \n5 10 Haryana Housing Board Act, 1971 (as extended to Chandigarh) \nHouse not allotted even after receipt of 55% price - Authorities directed \nto refund deposits with 18% interest - George Thomas it Ght&iabad Develop\nment A uthority, 1999( 1) C PC 183 N.C. \nHousing service - Delay in delivery of possession by six years - Opposite \nparties liable to pay 18% interest on deposited amount - S.K. Jain v. H,U,D,A., \n20040) CrC 33 KC-\nExtra amount as alleged wa$ not charged from complainant - OP not \nliable For deficiency in service - Jugal Kishore Mahasfavari v. BhQpal Devel\nopment Authority, 2002(1) CPC 19TN.C. \nHousing Board accepted request 61 ullotee to accept the instalment as in \ncn-?c of hire purchase Board can not resile from its undertaking - Petition dis\nmissed - Raj. Housing Board v Murali Lai Jaiman, 2003(1) CPC 110 N.C. \nPUDA failed to deliver physical possessionof allotted house - Directed to \npay Rs. 500/- p.m. till date of delivery of possession along with Its. 20,000/- -\nPunjab Urban Planning & Development Authority v. Ram Murti, 2002(1) \nCPC 559 N.C. \nUndue delay in delivery of possession of hOUSO - Award of interest @ \n18% after two years upheld - GD.A. v. R-G. Swcena, 2002(2) CPC 82 N.C. \nUndue.delay in delivery of possession of house r OP Greeted to pay 16,5,% \ninterest on deposited amount-? 'Leptmah Kumar Harwani v. M,P, State Co-op. \nHoming Complex. 2003(1) GPC-229 N.C. \nJudgement iu rem  Judgement iu.rem is binding not only to parties but \nupon all the world^-2009(1) CPC 443'RC;  .-\" .':. j~ ' \nLimitation - Cause uFaeliuii arose in-1998 when possession was delivered \n- Complaint Filed in 2002 without explaining delay is barred by limitation -\nChandigarh Housing Board v. Krishan Kumar Gael. 2009(2) CPC 390 N.C. \nPrice of Hal Price re-determined in LPA whose complainant was not a \nparty - T,PAjudgement norbinding upon ailottec complainant2009(1) CPC 443 \nN.C. - ' ' \".- .'   ' .. \nRate of interest - District Forum-allowing complaint directed OP to pay \ncompensation and cost with 16% interest - Interest being On higher side reduced \nfrom 16/a to 12% r Rest of the order left undisturbed - Madhya Pradesh Hom\ning Tiaard v. CIS. Ddkeria,. 2009(3) CPC 678N.C.. \nReview An orderpassed by the pora. cannot be reviewed in the name of \ncorrection of typographical error - M.P.,Housing Board v.Jagdish Prasad \nMaheshwari, 2010(2) CPC 451 RC; >^^',-;.,;. './' :;..;< . \nTypographical error1- An order passed by die Fora.eannot be. reviewed in \nthe name of correction of typographical error - M.P. Homing Board v. Jagdish \nPrasad Maheshvfari, 20,10(2) CPC 451 N.C.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 400
        },
        {
            "number": "45",
            "title": "Section 45. Disputes.regarding rc-constittttion of plots",
            "chapter": null,
            "content": "ing of a housing scheme, any plots compHsed-injhca^aineludcd In.the scheme \nare reconstituted or any person is dispossessed, the Board shall after making such \ninquiry as it thinks FIE award to. the person affected by such re-constitutipn or . \ndispossession such compensation as Udccrris reasonable. If the person J3 dissatis\nfied with the decision of the Board inihe motter,;hc,may informthe.Doard'accbrd-\ningly. The Board shall there up oirrefcr the matter to tup Tribunal, \\, '\"''': \n(2) The Tribunal shall then after making an inquiry dcteimhie the amount of' ;' \ncompensation and direel the Board lu pay the same (o the.person euncemed. \nHarytuiii Housing Board Act, 1971 (as extended to Chandigarh) 5 11",
            "footnote": "",
            "is_definition": false,
            "sort_order": 410
        },
        {
            "number": "43",
            "title": "CHAPTERV",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 420
        },
        {
            "number": "47",
            "title": "Section 47. Duties of Tribunal",
            "chapter": null,
            "content": "(a) decide whether Hiiy compensation is payable under section 31 , \n(b) decide the amount of compensation in matters referred to It under \nsection 33 , \n(c) decide disputes relating to betterment charges referred to it under \nsection 41 ; \n(d) decide disputes and the amount of compensation to be awarded under \nsection 45 : and \n(e) decide such other matters as may be prescribed by the rules made in \nthis behalf.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 430
        },
        {
            "number": "4S",
            "title": "Section 4S. Powers ofand procedure before Tribunal, - (1) In making enqulrlesthe",
            "chapter": null,
            "content": "Tribunal shall have and exercise n3 for as may bo the same powers and follow the \nsame procedure as under the Code of Civil Procedure, 1908. \n(2) bveiy order made by the Tribunal tor the payment of money and for the \ndelivery of the possession or removal of any structure shall be enforced by the \nDistrict Court as it it were the decree of the said Court. \n(3) The proceedings before the Tribunal shall be deemed to be judicial pro-\nceedings within the meaning of sections 193 and 228 of the Indian Penal Code.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 440
        },
        {
            "number": "49",
            "title": "Section 49. Decision of Trihunai to be final - The decision of the Tribuna I on any",
            "chapter": null,
            "content": "matter referred to it under this Act shall, subject to the provision of section 50, be \nfinal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 450
        },
        {
            "number": "50",
            "title": "Section 50. Appeal to the High Court",
            "chapter": null,
            "content": "decision of the Tribunal may within three months from thedatenf the, decision or \nsuch further time as Mm High Court may for sufficient cause allow, appeal to the \nHigh Court and the High Court shall pass such orders on the appeal as it thinks fit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 460
        },
        {
            "number": "48",
            "title": "CHAPTER VI",
            "chapter": "CHAPTER VI",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 470
        },
        {
            "number": "51",
            "title": "Section 51. Power to evict persons from Board Premises",
            "chapter": null,
            "content": "authority is satisfied, \n(a) that the person authorised to occupy any Board premises has \n(i) not paid rent lawfully due from him in respect of such premises for \na period of more than two months J or \n(II) sublet, without the permission ofthe Board the whole or any part of \nsuch premises ; or \n(Hi) Otherwise acted in contravention of any nf the terms, expre.<tsed or \nImplied, under which he is authorised to occupy such premises ; \nur \n(b) that any person is in unauthorised occupation of any Board premises: \nthe competent authority may, nutwithstandinganything contained In any law \nfor the time beiuy in force, by nutioe served by post or by affixing a copy of it on \nthe outer door or some other conspicuous part of such premises, or In such other \nmanner as may be prescribed, order that the person as well as any other person \nwliu may be in occupation of the whole or any part ofthe premises, shall vacate \nthem within out: month from the date ofthe service ofthe notice: \nProvided that no such Order shall be passed unless the person has been \nafforded an opportunity to show cause why such order should nut, be made. \n5 12 Havana [lousing Doard Act, 1911 (as extended to Chandigarh) \n(2) IFany person iftCusps or fails to comply with an order made under sub\nsection (I.), the competent authurily may evict the person from, and take posses\nsion of the premises and may Tor that purpose use Such force as may be neces\nsary. \n(3) If a person, who has been ordered to vacate any premises under sub \nclause (1) or sub-clause (HI) of clause (a) of SUb-seotion (1), within thirty days of \nthe date of service of the notice n( sndi longer time as the competent authority \nmay allow, pays to the Board the rent in arrears or carries out or otherwise com\nplies with the terms contravened by him to the satisfaction ot the competent au\nthority, as the case may be, the competent authority shall, in lieu of evicting auch \nperson under subsection (2), coned its order made under sub-section (1) and \nthereupon such person shall hold the premises on the same terms on which he \nheld them immediately before such notice was served on him \nCOMMENTARY \nAllotment - Housing Buurd - Eviction - Entire payment was made for \nallotment of house including mfiest- Prescribed date forpayment was 30 3 1US2 \n- Only minor amount (Ks. HOW- only) was deposited after d.c said date - Col lector \npassed an order of eviction against petitioner under Section 51 of Haryana Hous\ning Board Act for not depositing (he entire amount before the proscribed date -\nOrder of eviotion not legally sustainable - Petitioner was neither in unauthorised \npossession nor he had defaulted in payment of rent etc. but he was an owner of \ndie shop when order of ejectment was passed against her - Petition accepted -\nRaj Kumar V. Housing Board Haryana, 2004(1) H.R.R. 380 \nCancellation of house iiilutmunt - Discretionary powers- Petitioner (orici-\nrial allottee) depositing Rs. 10,000/- wiUiin the stipulated period in pursuance oTa \nloner issued by the Chairman of the Housing Roard Haryana. Payment for addi\ntional amenities also agreed to be made - Acceptance thereof by the Hoard also \nmade - Housing Roard communicating a letter to the new allottee of the house in \ndispute informing hiin to take the possession thereof- No opportunity of the hear \nnig given to the original allottee - Order of the Housing Board liable to he set aside \n- Order quashed - Sumer Chant/ Bhatt v. The Housing Board Haryana 1984 \nMisuser -The petitioner was allotted a dwelling unit in Maloya colony under \nEconomical Weaker Section Scheme - He raised unauthorized construction in front \nof his house On Government land and Started a Karyana shop (herein - Authorities: \nconcerned cancelled the allotment and forfeited the deposited amount - Before \ncancellation of allotment many notices were served on him but the same weren't \nresponded- to - Petitions filed by him were dismissed as time barred giving rise to \npr&sent writ petition The order of eviction was [WSsed in 2002 whereas petition was \ntiled in 2007 - Moreover he did not make any attempt to remove the violation even \nduring pendency of proceedings No relief can be given to petitioner for his Callous \n?oJ> \" Petition dismissed - Sura) v. Union Territory. Chandigarh, 2008(1) MRR \n^'\" ***** \nS?,* Power to recover '{rent, loan] or damages as arrears of land revenue. -\n(1) Subject to any rules made by the \"[Administrator] in thisbchalfand without \nprejudice to the provisions of section 51, where any person is in arrears of rent \npayable in respect of any Bnnrd prcmi3C3 ^or arrears of instalments payable in \n Sub3lflutcd by Chd. Aditm. Gaz. Nutificntinn daicd 13J-197*5 at papa 31*35 \n1. Substituted by Hr.ActNo. 10 or 19SP ss extended to Uituidigarh published on 2-1-1991 \n2. Jusertnri tiy Hr.ActNo. 10 Of I98f ns extended lv Churidj>.fii-h published OJI 2-4-1991 \nHaryana Housing Board Act, 1971 (as extended to Chandigarh) 5 13 \nrespect of any Joan advanced by the Board for construction, reconstruction or \nrepair of a house] the competent authority may, by notice served by punt or by \naffixing a copy of it on the outer door or some other conspicuous part of such \npremises, or in such other manner as may be prescribed, order that person to pay \nthe same within such time not being less than thirty days as may be specified in \nthe notice. If such person refuses or fails to pay the arrears of rent 2[or the \narrears of instalment of loan] within the time specified in the notice, such arrears \nmay be recovered as arrears of land revenue. \n(2) Where any person is in unauthorised occupation of any Board premises, \nthe. competent authority may, in the prescribed manner, assess such damages on \naccount ofthe use and occupation ofthe premises as it may deem fit, and may by \nnotice served by posts, or by affixing a copy of it on the outer door or some other \nconspicuous part of such premises, or in such other manner as may be prescribed, \norder that person to pay the damages within such time not being less than thirty \ndays as may be specified in the notice. If any person refuses or fails to pay the \ndamages within the time specified in the notice, the damages may be recovered \nfrom him as arrears of land revenue. \nCOM IVIKNTARY \nArrest and recovery of loan - Where the terms of agreements make it \nclear that the Government has first to proceed against the property mortgaged \nand sell the property in oase the House Building Society loan is not paid by the \nloanee - It was held that the Government being bound by the terms ofthe agree\nment, has first to proceed against the mortgaged property - The amount could not \nbe recovered by arrest of the members ofthe Society in the first instance - State \nof Punjab v Dharam Singh, AIR 1985 S.C. 1751 \nAuction of the site  Deduction - Petitioner failed to deposit balance \n6QVa amount and surrendered the plot  Housing Board refunded the deposited \namount after deducting 10% amount as per terms of auction of site  Deduction is \njustifiedI - Hem Raj Housing Board Haryana, 2014(1) H.L.R. 283 D.B. \nInjunction Against recovery - The order of fixing liability was passed in \nviolation of principle of natural justice - The party affected was not provided \nproper opportunity of hearing before passing the Impugned order - Order held to \nbe void - Civil Court can grant injunction against the recovery - M/s. K.K. Indus\ntries v. Union of India and others, 1988 PLJ 588. \nRecovery of arrears as land revenue - There are eight steps postulated \nunder Section 67 of the Punjab Land Revenue Act, under sub-heads (a) to (h)and \narrest and detention ofthe person of defaulter is one step - Where the petitioner's \nhusband, obviously in arrears of House Building Society, was straightaway put to \narrest and detention without resorting to other steps envisaged under Section 67 \nofthe Act, the order of detention was set aside by the Division Bench ofthe \nPunjab and Haryana High Court - It was held that arrest and detention of a per\nson, in such cases, should be the last resort and arrears should be recovered firstly \nby other means of recovery under the Punjab Land Revenue Act - Gomti Devi v. \nKalka Co-operative House Building Society, 1988 P.L.J. 416 (D.B.) = 1989 \n(2) Rev. L.R. 296. AAA \nS3. Rent to be recovered by deduction from salary or wages In certain cases. - (I) Without prejudice to the provisions of section 51 any person, who is an employee ofthe \"fAdministrator] or a local authority and.who has been allotted \n* Substituted by Chd. Admn. Gaz. Notification dated 13-3-1975 at page 34-35 \n514 Maryana Housing Board Act. 197 L (us extended to Chandigarh) \nany Board premises, may execute an agreement in favour of the \"[Administrator] \nproviding that the '[Administrator] ftr the local authority, as the case may be, \nunder or by whom he is employed, shall be competent to deduct from the salary or \nwages payable to him such amount as may be specified in the agreement and to \npay the amount so deducted to the Rnard in satisfaction of the rent due (torn him \nin respect of the Board premises allotted to him. \n(2) On the execution of such agreement, the '[Administrator] or local au\nthority, as the case may be. shall, ifso required by the Doard by requisition in \nwriting make the deduction of the amount specified in the requisition from the \nsalary or wages of the employees specified in the requisition in accordance with \nthe agreement and pay the amount so deducted to the Board. \nir53-A. Penalty- - (I) If any amount due under the Act or the rules made \nthere under is not paid by any person in compliance with the orders of the compe\ntent authority, such authority may, after Riving such person an opportunity of being \nheard, impose upon him a penalty not exceeding twenty five per cent of the amount \ndue, if it has reason to believe that the person liable to pay the amount has willfully \nfailed to pay the some. \n(2) If the penalty imposed under sub-section (1) is not paid within a period of \nthirty days the same shall be recoverable as arrears of land revenue].",
            "footnote": "",
            "is_definition": false,
            "sort_order": 480
        },
        {
            "number": "54",
            "title": "Section 54. Appeal",
            "chapter": null,
            "content": "authority may within thirty days from the date of \n(i) the service of notice under section S1 or section 52; or \n(ii) the imposition of penalty under section 53-A prefer an appeal to the \n'[District Judge ot the uistriet in which the premises of the Roardare \nSituated or such other Judicial Officer in that District as the \n'{Administrator} may, in consultation with the High Court, appoint in \nthis behalf]. \nProvided that the appellate officer may entertain the appeal after the expiry \nof the said period orthirty days, if he is satisfied that the appellant wfi3 prevented \nby sufficient cause from filing the appeal in time]. \n(2) Where an appeal ia preferred under sub section (1), the appellate officer \nmay stay the enforcement ofthe order of the competent authority for such period \nana on such conditions as he deems tit. \n(3) Every appeal under this section shAll he disposed of hy thB appellate \nofficer as expeditiously as possible. \nCOMMENTARY APPEAL \nAppeal is a continuation of original cause - An Appellate Authority is \ncompetent to correct an error committed by the lower Authority, without remand\ning the case back - The power of remand should be used with groat circumspec\ntion - Om Parkash and others v. Joint Director Panchayat Punjab 1987 PLJ \n273 - 1987(I)PLR674. \nCreature of Statute - Legislature can impose conditions for exercise of \neuch right - There is no reason why the legislature while granting the right of \n+ Substituted by Chd. Admn. Gat Notification dated 13-3-I97S ttt page 34-35 \nI. Inserted by Hr. Act No. 47 ftf l<J7d \n2.8cu Hr.AulNo. 47 of 1974 \n3. Substituted vide Chandigarh Administration Ga?,. Nohflefttion tinted 2-4-1991 nt page 339 \nHaryana Housing Quuid Act, 1971 (as extended to Chandigarh) 5 IS  \nappeal cannot impose condition for the exercise of 3uch right 30 long as the \nconditions are not so onerous as to amount to unreasonable restriction rendering \nthe right almost illusory - Setft Nand Lai and another v. State of Haryana and \nothers  AIR 1980 S.C. 2097. \nMerger -Appellate hearing is a rehearing of the whole subject matter and \nwhen a decree is passed in appeal, the first riftr.rftft merges in the appellate decree \n- Sadhu Singh v Dharam Dev etc, AIR 1980 S.C 1654. \nPywisr -An appellate Court has the same powers as conferred on the Courts \nof original jurisdiction - A decree passed by an Appellate Court is deemed to be a \nfresh decree - Once appeal is filed against the decree the Appellate court has \nseision of the whole matter - Shrimati Glta Devi v. EC. Haryana 1937 PLJ 265. \nRevision - A person who is not a party to an order is not entitled to file a \nrevision against the impugned order - Statu ofHaryana v. Vinod Kumar, 1986 \n<1) PLR 222 - 1986 PLJ 161 (F.B.). See also 1985 HRR 570, \nRight of Appeal - It is vested right of litigants which accrues at the date of \nfiling ofeuit- Rightofappeal is governed by law prevailing at rhedate of institu\ntion of the suit and not at the date of fllins of appeal - Suit. Kurtar Kaur v. State \nofHaryana, AIR 1986 (P & H) 99 - 1985 Rev. L,R. 137. \n- Right of an appeal is a substantive right- It is not a procedural maiter-ft \ncannot be restricted in the absence of an express provision to the contrary - Such \nprovision should not be construed narrowly - Kanzhi Ram v. Subcdar Shri Ram \netc. AIR 1980 (P&H) 145 : 1980 Rev. L. R. 225 : ILR (19S0) 2 F&l-l 195. \nStatutory right - Appeal is a Statutory right - Litigant cannot claim their \nright unless It is provided in the Slalule - Absence of such right in Statute does not \nrender it unconstitutional - Subedar Munshi Ram and another v. Stato of \nHaryana - 1979 PLJ (F.B.) 489. \nSubsequent events - Appeal Is a rehearing of the case - Appellate Court \nentitled to take into account subsequent event - Santakh Singh v, Lajja Ram, \nAIR 1986 (P & II) 34<J - 1986 Rev. L.R. 444. \nLIMITATION \nAcknowledgement - Mortgagee's right - Where the receipts of consid\neration ofniorlgage money did not indicate that their makers intended to admit the \nsubstring mortgagfis and that the right to redeem was subsisting thosii receipts \nwill not amount rn an acknowledgement within the meaning of S. 19 uf (lie Limi\ntation Act - Bachint Kaur v, Gvrnam Kaur - 1991 ll.R.R. 28. \nCause of action - Time starts from the date when the cause of action first \naccures - Successive deailassd7 plaintiffs right does not furnish fresh causes of \naction in view oF Section 58 of Limitation Act - Saudager Singh v. Hamam \nKaur, 1987 PLJ 248 -1987 (I) PLR 591. \nCondonation - It if. not necessary that a written application u/s 5 or the Act \nshould be necessarily made - Cnnrinnntion of delay can be permitted on oral re\nquest of the party - Partap Singh v. State of Haryana 1979 PLJ 48 D.B. \nCondonation of delay - Where the legal representative? of the deceased \nrespondent has been brought on record earlier too, the appellant connot say that \nthey had no knowledge that the LR's of the deceased appellant were to be brought \non a record - Plea of lack of knowledge of period of limitation not accepted -\nApplication for setting aside abatement proceedings after one year alter the death \nofthc deceased appellant was dismissed, beingbarred by time - Jai Ram v. .fagat \nRam 1991 H.RR. 102. \nExtension of time - Presumption - Where the, decree-holder was al\nlowed to deposit the amount ofsecunty after the due date without extending the \n516 Haryana Housing Board Act, ] 971 (as extended to Chandigarh) \ntime - It was held that extension of time is presumed to he allowed even if no \napplication was filed in this regard - Amar Nath Jain v. Ram Parkash Dh/r -\n1988 H.R.R- 47. \nWhere the grounds of condonation i,c. negligence of the counsel etc. \nwere not proved - Hwld, applicant cannot get any relief-Application for condona\ntion dismissed - The United India Insurance Company v. Svbhash Chander \nCJupta <md others - 1988 HRR. 297. \nDelay - Allotment of dwelling unit made in 1989 was cancelled against \nwhich Wi it petition was filed in 1999 - Petitioner had been making repeated repre\nsentation regarding patent mistake committed by Housing Flcwim but without any \nsuoceaa Board failed to pay any attention to the repeated requests otflllottce and \nno decision was convyed - Ohjectinn regarding belated prayer for relief through \nwrit petition cannot be objected to by Board and cannot be allowed to take advan\ntage of its own mistake and inaction - Smt, Shashi Bala v, Chandigarh Housing \nBoard, 2001 HRR 232 D.B. \nLimitation Courts are bound to took into the question of limitation even if \nno plea is taken by party in this regard - Cannmani Anasuya v. Parvatini \nAmarendra Chowdhary. 2008(1) HRR 476 PLC \nMistake of Court -There is no time limit to correct Court's own mistake -\nCliaimaat cannot be penalised for mistake of Court - Kartar Singh v. State of \nHaryana - 1986 PLJ 206. \nMistaken advise - Litigant bona fide pursuing hie case in wrong court -\nTime should be excluded - Badlu v Shiv Charm. 1980 PLJ 214 = See also 1987 \nHRR 28. \nRedemption - Acknowledgement - The land, in dispute, was mortgaged \nby A in favour of B in the year 1921 who sold his mortgagee rights in favour of C \nin the year 1954 -The 3uit for the redemption was filed in 1973 - Limitation must \nbe deemed to have started from the original mortgagee in the year 1921 and not in \nthe year 1954 - Mohan Singh v. Jogar Singh 1991 HRR. 93. \nTime spent for copy - Benefit of day on which judgment is pronounced \nand time spent fur obtaining copy, should be given under Section 12 (1) and (2) of \nIhe Act - Kashmir Singh v. MC. Kamut 1983 PL; 22 - See also 1986 HRR 665. \nVoid order - Once an aggrieved parly is dispossessed in yicwofa void \norder - Limitation will start from the date of dispossession and outer limitation is 3 \nyears - State of Punjab v. Gurnam Kaur 1984 PLJ 389. \nWhen order is not void or without jurisdiction. Article 100 will apply -\nKalia and another v. Chandu Lai - 1984 PLJ 360. \nQuestion of limitation docs not arise where an order is void and without \njurisdiction - Sueh orders can be ignored without getting them set aside - Sanvan \nKumar v. Shy am Manglu 1989 H.R.R. 641. \nVoid or nan set order - It is necessary to have such orders set aside  \nSnr.h cases, arc governed hy Art. 68 and not by Art. 100 of the Limitation Act -\nRqfinder Singh v. Gur Charon Singh and others - 1984 PIJ 360, \nDelay in depositing the security was caused because of the nun holding of \nthe Court by the Presiding Officer being on leave and not because of the judge* \nment-debtor - Security was deemed to have been filed within, time - Delay of four \ndays ts condoned - Mukhtiar Singh v. M/s. Pakhar Singh Amir Singh and \nothers- 1988 H.R.R. 583. \nAn action for enforcing a right Hied within the period of limitation as fixed \nby (aw cannot be thrown nut merely on the ground of delay - Dr. M.K. Satpekar \nv. Sum! Kumar Shamsuttder Chavdharl - 19SS H.R.R. 533. \nHaryana Housing Board Act, i 971 (as extended to Chandigarh) 517 \nr",
            "footnote": "",
            "is_definition": false,
            "sort_order": 490
        },
        {
            "number": "55",
            "title": "Section 55. Finality vf utters wid bar of jurisdiction of Civil Courts",
            "chapter": null,
            "content": "as otherwise expressly provided in this Act, every o*dw njade by a competent \nauthority or nn appellate ofHcer under this chapter shall be final and shall not be \ncalled in question in any original suit, application or execution proceedings. \n(2) No Civil Court shall have jurisdiction to entertain any suit or proceeding \nin respect of any matter of which the cognizance can be taken of and disposed of \nbv any authority, empowered by this Act or the rules made thereunder. \nCOMMENTARY \nJURISDICTION \nJurisdiction - Allottee became absolute owner  Local authority under the \nHousing Board Act still has power to regulate the violations by allottee - Svresh \nKumar v. Municipal Corporation, Faridabad, 2006(2) HRR 106 D.B. \nAdjudication - Debt Settlement Officer to adjudicate upon the qucstjon \nwhether a loan is a deb! or a person is a debtor - In absence of any such decision \nCivil Court can go into the matter after giving proper opportunity to the parties  If \nthe Civil Court comes to the conclusion that the matter is covered by the provi\nsions of the Act  It must stay its hands - Bhola Singh v. Lachhman Doss 1980 \nPLJ 232 (DB)= 1980 RLR 546 \nConsent -An order without jurisdiction is non-est - Consent does not make \nthe order legal and cannot iuvest the Court with jurisdiction - Saraswati D&vl v. \nSanl Rum and otters, 1983 PL J 249. , \nInterpretation - Is well accepted principle of interpretation or statutes that \ntho soope of the provisions of an Act would firstly hnvc to he determined per force \nof the language used or employed by the legislature in the legislation - The objects \nand reasons would be considered when the language of the Act is capable of two \ninterpretations - Natural meaning of the language should be adhered to Vijay \nKumar Bhambari v. Ram Nath Bnjaj 1990 H.R.IL 151. \nUnless there is anything repugnant in the subject or context - In view of \nthis qualification, the court has not only to took at Hits words but also to examine \nthe context and collocation hi the light of the object of the Act and the purpose for \nwhich a particular provision was : lade by the legislature - Smt. Pushpa Devi and \nothers, v. Mttkhi Ram I990 H.R.R. 123 (S.C.) \nThe Central Government is empowered to extend to the Union territory \nnot only the original enactment of the State Legislature but also the averments \nthereto made by the State Legislature - Ramenh Uriah etc. u Union of India \nand others - 1989 HRR 398 (S.C.) - 1988 HRR 433 (FB) upheld. \nLack of jurisdiction - Question ofj urisdiction can be raised first time even \nat the times ofsecond appeal Where the original Court is lacking the jurisdiction -\nIt can be raised even at the time of execution when the decree is a n,ullity - Ajtt \nMohinder Singh v. Smt. Bhuni and others. AIR 1987 (P & H) 167 1986 \nRwent LHWS 48. ' . .. . n- t \nMerger - The order of the Add!. Director C/H was affirmed by the Single \nJudge of the High Court and the same was maintained in L.P.A dismissing the \nCivil Writ Petition - Civil court cannot proceed into the matter on the doctrine of \nmerger - Darshan Singh v. Sub Judxe lit. Class, ffoshiarpur - 1988 H.R.R. \n483. \n' Where the possibility of settlement, was more in the High Court than any \nelsewhere it was held that the High Court Was proper Forum to dispose of the \ncase - Order of the High Court remitting the case to tho tiial.Court was set aside \nby the Supreme Court - Abbey Singh Surana v. The Indian Rayon and Indus\ntrial Ltd.- 1988 H.R.R 506. \n518 Haryana Housing Board Act, 1971 (as extended to Chandigarh) \nNon s*t order - A person who was not a party to an order passed by a \nTribunal against him can fi le a suit for dteultinitiun to the effect that the Order is not \nbinding upon him, and non est so for as he is concerned - Such person is not \nentitled to get such order declared void but can seek declaration that the order qua \nhim is inetteotive - State of Haryana v. Vinod Kumar and others, AIR 1986 (P \n&. H) 407 RB. - 1986 Rev. L.R. 331. \nPleadings - It is an established principle of law that for determining the \njurisdiction of the court, pleas oTth plaintiff in the plaint arc to be taken into \nconsideration - Chief Secretary of Punjab v, Chawaii, 1980 PLJ 10, \nQuestion of jurisdiction can be decided by taking into consideration pleas \nin the plaint of the plaintiff- Karnalt SlngJi v. Jaggar Singh, AIR 1984 (P & H) \n294 - 1034 (2) LLR 143 - See also 1PS7 HRR 530. \nQuestion of jurisHic-.tinn ran be determined from the ease pleaded in the \nplaint - Chandu La! v. S.K. Chhiber 1983 PLJ 559, \nPreliminary issue - An issue does not cease to be an issue of law by the \nmere fact that it contains some conditions of purchase order based upon some \nfacts - The issue should be treated as a preliminary issue as an issue of law - M/ \nS. United Vanaspati Lid. v. M/$. Shfi Vardhman SalvaX Private Ltd. - 1988 \nH.R.R. 641. \nConcurrent jurisdiction - An Application for appointing an arbitrator was \npending in one Court while another Court in the same matter proceeded to extend \ntht? time fur the appointment of any arbitrator, it was held that the second COUtt \nhas no jurisdiction to proceed in the matter - Ncfiru Ram Gael Engineers v. \nHaryana State. 1989 H.R.R. 218.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 500
        },
        {
            "number": "52",
            "title": "CHAPTER VU",
            "chapter": "CHAPTER VU",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 510
        },
        {
            "number": "56",
            "title": "Section 56. Hoard's Fund, - (1) The Board shall have a fund culled the Housing",
            "chapter": null,
            "content": "Board Fund. \n(2) The Board may accept grants, subventions, donation and gifts from the \nCentral Government or' [ ] a local authority or any individual or body, whether \nincorporated or not, for all or any of the purposes of this Act. \n(3) All moneys received by or on behalf of the Board by virtue of this Act, \nall proceeds of land or any other kind of property sold by the Board, at! rents and \nall interest, profit and other money accruing to the. Board, shall constitute the \nHousing Board Fund. \n(4) Except as otherwise directed by the '(Administrator], all money and \nreceipts specified in the foregoing provisions and forming part of the fund of the \nBoard shall be deposited in the State Bank of India or in any Scheduled Bank ora \nCo-operative Bank or invested in such securities as may be approved by the \n*i Administrator]. \n(5) Such accounts shall be operated upon by such officer as may be authorised by the Board. \nExplanation. - For the purposes of this section, a Scheduled Bank shall \nmoan a Bunk included in the Second Schedule to the Reserve Bank uf India Aet, \n1934. \n Substituted by Chi. Admit. Gaz. Notification dated 13-3-1975 at page 34-35 \n1. Omitted vide Chandigarh Administration Gaz. Notification dated 13-3-1975 at page 34-35 \nHaryana Housing Board Act, 1971 (as extended to Chandigarh) 519 \nt",
            "footnote": "",
            "is_definition": false,
            "sort_order": 520
        },
        {
            "number": "57",
            "title": "Section 57. Application of the Housing Board Fund - All property, the Housing",
            "chapter": null,
            "content": "Board Fund, and all otherassets vesling in the Board shall be held and applied by \nit, subject to the provisions and for the purposes or th is Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 530
        },
        {
            "number": "58",
            "title": "Section 58. Expenditure in ease of urgency, etc - (1) Where in the opinion of",
            "chapter": null,
            "content": "the Board circumstances of extreme urgeuey have arisen, it shall bo lawtul tortne \nDoard to moko for the purpose of this Act in any year an expenditure of such \namount as may be prescribed, notwithsUmd jug the fact that such expenditure nan \nnot been inoluded in its annual programme or supplementary programme sanc\ntioned by the '[Administrator] or the variation of the programme made under \nsection 28. _ \nCI) Where any sum is expended under circumstances of extreme urgency \nas provided in uub section (I), a report thereof indicating the source from which it \nis proposed to meet the expenditure shall be nmde by the Board as soon as prac\nticable to the'[Administrator]. ., ,, .... . . ,+! \n(3) The Board may, within the budget sanctioned by the [Administrator], \napprove appropriation not exceeding such ;i mount as may be prescribed frorn one \nhead to another and from one miuui head to another under the smnu major head \nand submit a Gtatemuiit of such ^appropriation to the, \"[Administrator].",
            "footnote": "",
            "is_definition": false,
            "sort_order": 540
        },
        {
            "number": "59",
            "title": "Section 59. Subventions and loam to Board- (I) The '[Administrator] may from",
            "chapter": null,
            "content": "time to time make subventions to the Board for the purposes of this Act on such \nterms and conditions as the '[Administrator] may determine. \n(2) The TAdminislratui ] may from time to time advance loans to the Board \non such terms and conditions not inconsistent with the provisions Of this Act as the \n'[Administrator] may determine.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 550
        },
        {
            "number": "60",
            "title": "Section 60. Power ofBourd to borrow* - (\\) The Board may from time to time,",
            "chapter": null,
            "content": "with the previous sanction of the '[Administrator] and subject to the provisions of \nthis Act and to such conditions as may be prescribed in this behalf borrow any \nsum required for the purposes of this Act. \n(2) The rules made by the '[Administrator] for the purposes of this section \nmay empower the Board to borrow by the issue of debentures and to make ar\nrangements with bankers, \n(3) All debentures issued hy the Board shall be in such torm as the Board, \nwith the sanction of '[Administrator], may from time to time, determine. \n(4) Bvery debenture shall be signed by the '[Chief Executive Officer] 2[ \n(5) Loans borrowed and debentures issued under this section may be guar\nanteed by the \"[CliIltra' Governmeull as to the repayment of principal and the \npayment of interest at such rate as may be Fixed by the \"[Central Government].",
            "footnote": "",
            "is_definition": false,
            "sort_order": 560
        },
        {
            "number": "61",
            "title": "Section 61. Accounts and Audit - (1) The Board shall cause to be maintained",
            "chapter": null,
            "content": "proper books of accounts and such other books as the rules made under this Act \nmay require and shall prepare in accordance with such rules as annual statement \nof accounts. , J. J   \n(2) The Bornd shall cause iuj accounts to be audited annually by such \npersons as the '[Administrator] may direct.^ \n^Substituted by Chd. Admr. flax.Notification dated 13-3-l75 Bt peR* 34-J5 \n1 Substituted by Ifr. AetNo. 27 of I9S0 as extended to Chandigarh \n2 Omitted vide Chamflgarh Administration Oat Notification doted 3 3-3-I97S at page 34-35 \n520 Haryana Housing Board Act, 1971 (as extended to Chandigarh) \n(3) As soon as the accounts of the Board have been audited, the Board shall \nsend a copy thereof together with a copy of the report of the auditor thereto to the \n* [Administrator]; and shall cause the accounts to be published in the prescribed \nmanner and place oopies thereof on sale at a reasonable price. \n(4) The Board shall comply with such directions as the '[Administrator] \nmay after perusal of the report of the auditor, think fit to issue.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 570
        },
        {
            "number": "62",
            "title": "Section 62. Concurrent and special audit of accounts, - (1) Notwithstanding",
            "chapter": null,
            "content": "anything contained in section 61, the \"[Administrator] may order that there shall \nbe concurrent audit of the accounts of the Board by such person as it thinks fit. \nThe \"[Administrator] may also direct a special audit to be made by such person \nas it thinks fit of the accounts of the Board relating to any particular transaction or \na class or series of transactions or to a particular period. \n(2) Where an order is made under sub-section (1), the Board shall present \nor cause to be presented for audit such accounts and shall furnish to the person \nappointed under sub-section CO. such information as he may require for the pur\npose of audit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 580
        },
        {
            "number": "63",
            "title": "Section 63. Transfer of assets and liabilities* - (1) The \"[Administrator] may",
            "chapter": null,
            "content": "transfer to the Board building, land or any other property, movable or immovable, \nfor use and management by the Board on such conditions and limitations as the \n'[Administrator] may deem fit, for the purposes of this Act. \n(2) The '[Administrator] may transfer to the Board such schemes or works \nin progress, with all their assets and liabilities as arc run or managed by the \"[Ad\nministrator], subject to such conditions and limitations as the '[Administrator] may \ndeem fit to impose for the purposes of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 590
        },
        {
            "number": "61",
            "title": "CHAPTER Vm",
            "chapter": "CHAPTER Vm",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 600
        },
        {
            "number": "64",
            "title": "Section 64. Report - The Board shall, before such date and in such form and at",
            "chapter": null,
            "content": "such intervals as may be prescribed, submit to the '[Administrator] a report on \nsuch matters as may be prescribed, and the '[Administrator] shall cause such \nreport to be published in the '[Chandigarh Gazette].",
            "footnote": "",
            "is_definition": false,
            "sort_order": 610
        },
        {
            "number": "65",
            "title": "Section 65. Statements and returns",
            "chapter": null,
            "content": "tor] such statistics, returns, particulars or statements in regard to any proposed or \nexisting housing schemes at .such times and in such form and manner as be pre\nscribed or as the '[Administrator] may from time to time direct.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 620
        },
        {
            "number": "66",
            "title": "Section 66. Power to entry* - The '[Chief Executive Officer] or any person either",
            "chapter": null,
            "content": "generally or specially authorised by the Chairman in this behalf may, with or with\nout assistants or workmen, enter into or upon any land, in order \n(a) to make any inspection, survey, measurement, valuation or inquiry; \n(bj to take levels ; \n(c) to dig or bore into sub-soil; \n(d) to set boundaries and intended lines of work ; \n(e) to make such levels, boundaries and linesofworks and cutting trenches; \nor \n+ Substituted by Chd. Admn, Gaz. Notification dated 13-3-1975 at page 34-35 \nI. Substituted by Hr. Act No. 27 of 1980 as extended to Chandigarh doted 2-4-1991 \nHaryana Housing Briard Ant, 1971 (as extended In Chandigarh) 521 \n(f) to do anyother thing, whenever it is necessary to do so, for any of the \npurposes of this Act or any rules made or scheme sanctioned there \nunder: \nProvided that  \n(i) no suoh entry shah bo made between sunset and sunrise ; \n(ii) no dwelling house and no public building which is used asa dwelling \nplace, shall be so entervd, except with the consent of the occupier \nthereof, and without giving the said occupier at least twenty-four hours \nprevious written notice of the intention to make such entry ; \n(iii) sufficient notice shall in every instance be given, even when any \npremises may otherwise be entered without notice, to enable the \ninmates of any apartment occupied by women to remove themselves \nto some pait of the premises where their privacy will not be \ndisturbed; \n(iv) due regard shall always be had, so far as may be compatible with the \nexigencies of the purposes for which the entry is made, to be the \nsocial and religious usages of the occupants of the premises entered.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 630
        },
        {
            "number": "67",
            "title": "Section 67. Notice of suit against Board",
            "chapter": null,
            "content": "the Board or against any officer or servant of the Board or any person acting \nunder the orders of the Doard, for anything done or purporting to have been done \nin pursuance of this Act, without giving to the Board, Officer or servant or person \nconcerned two month's previous notice in writing of the intended suit and of the \ncause thereof, nor after six months from the date of the act complained of.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 640
        },
        {
            "number": "68",
            "title": "Section 68. Triennial valuations of asserts and liabilities of Board",
            "chapter": null,
            "content": "shall triennially have a valuation of its assets and liabilities made by a valuer ap\npointed with the approval of the '[Administrator]: \nProvided that it shall be open to the '[Administrator] to direct evaluation to \nbe made at any time it may consider necessary. \n1 [68-A Delegation. - The Board may, by resolution, authorise that any power \nexercisable by it under this Act or the rules or regulations made thereunder, ex\ncept the power to make regulations, may also be exercised by the Chief Executive \nOfficer].",
            "footnote": "",
            "is_definition": false,
            "sort_order": 650
        },
        {
            "number": "69",
            "title": "Section 69. Member Officers and servants of Board to be public servants, - All",
            "chapter": null,
            "content": "members, officers and servants of the Board shall be deemed, when acting or \npurporting to act in pursuance of any of the provisions of this Act, to be public \nservants within the meaning of section 21 of the Indian Penal Code.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 660
        },
        {
            "number": "70",
            "title": "Section 70. Indemnity^ - No suit, prosecution or legal proceedings shall lie against",
            "chapter": null,
            "content": "any person for anything which is in good fatth done or purported to be done under \nthis Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 670
        },
        {
            "number": "71",
            "title": "Section 71. Power of Government to give direction to Board, - The '[Adminis",
            "chapter": null,
            "content": "trator] may give the Board ouch directions ns in its opinion are necessary orexps \ndient for carrying out the purposes of this Act, after giving an opportunity to the \nBoard to state its objections, if any, to such directions and after considering the \nsaid objections and if shall be the duty of the Board to comply with such directions. \n**** \n* Substituted by Chd. Admn. Oaz. Notification dated 13-3-1975 at page 34-35 -\n1. Inserted by Hr, Act No. 27 of 1980 as extended to Chandigarh published on 2-4-ly91 \n522 Haryana Housing Board Act, 1971 (as extended to Chandigarh) \n1T72. Control of Administrator over Board. - (1) The Administrator shall \nexercise superintendence and control over the Board and its officers andI ma*call \nfor such information *s it may deem necessary and, m the vent of his being \nStftad S the Board is not functioning properly or .s abusing its powers or is \nSty of corruption or mismanagement, he may, by notification, suspentheBoard. \nProvided that the Board shall be reconstituted, within a period of one year \nfrom the date of its suspension in the? prescribed manner. \n() When The Board is suspended under sub-section (1), the following con\nsequences shall ensue, namely : . , j-h-JnFT \n00 all members of the Board and its committees, including the Chairman \n4 of the Hoard, shall, from the date of the notification, vacate their \n(l/l all DOJSTS, duties and functions, which under the provisions of this Act \nor any regulation made thereunder, are to be exercised by the Board \nor any committee thereof or by the Chairman of the Board, or by any \nother officer of the Board, shall, during the period of suspension, be \nexercised and performed by such person (to be called the Special \nOfficer) as may be appointed by the Administrator in this behalf: \nProvided that the Special Officer may, subject to the approval of the \nAdministrator, delegate any of hts powers, duties or functions to such \nother person as he may think fit; _ \n(c) all properties, includingthe Board Fund, vested in the Board shall, until \nit is, re-constituted, vest in the Central Government]. \n!r72-A Apnea/. - (I) Save as otherwise expressly provided in any other \nprovision of this Act, an appeal shall lie from anoriginal or appellate order of any \nofficer of the Board or the Chairman under this Act or any rule or regulation made \niCicun cr  ^ Chainnan when ttte ord0f is made hy any officer of the Board ; \n(b) to the Board when the Order Is made by the Chairman. \n(2) Every such appeal shall be preferred within a period of thirty days of the \ndate of communication of the order: \nProvided thnt the Chairman or the Board as the case may be, may entertain \nthe appeal after the expiry of the period of thirty days if it is considered that the \nappellant was prevented by sufficient cause from Filing the appeal in time.] \n COMMENTARY \nAlternative remedy - Civil writ - The new allottee of the house obtaining \nan interim order restraining theallotment authorities from cancelling his allotment \n- The original allottee of the house not filing any appeal under section 7Z-A against \nthe re-alfotment of the house In the name uf the new allottee - Pica of the allottee \nto the effect that the petitioner (original allottee) was not entitled to file a writ \nDBtiliun as an alternative remedy was available to him, is not tenable - bummer \nChand Bait v. The Housing Board Haryana, 1984 H.R.R. 9. \nAlternative remedy - Writ petition - It is settled law that an appeal against \nan order of Housing Board residing cost of houses which is determined by the \nBoard itself is not useful- It isonly when an order is passed by the Chairman in his \ncapacity as Chairman that the appeal lies to the Board - Fit. Lt. A.h. Khoste* \nI.SiibsilULKdby Hr. AaNo. 20 of 1979 ad extended to Chandigarh published nn 2-4-1991 page \n333 2. Fromou by Mr. Act No, 28 of 1976 osexlonded to Chandigarh published on 2.4.1991 pfiee335 \nHaryana Housing Board Act, 1971 (as extended to Chandigarh) 523 \ncase (CWP No, 1S95 of 1984) followed - Pannanandv. The Chairman Mow\ning Board Haryana, 1996 HRR 559. \nThe petitioner, an Army Officer, made necessary deposits And was regis\ntered for the allotment ofhouse - Failed to deposit the amount within stipulated \nperiod as the letter of demand could not be received at his village address - Cir\ncumstances for delayed deposit fully explained - Non speaking and brief order nf \ncancellation on technical grounds cannot be sustained - Housing Board directed to \nallot the house to petitioner within 3 months - Existence of alternative remedy is \nno bar to seek the justice under Art. 226 of the Constitution - Jag Mohan Sharma \nv. Sinie of Haryana, L993 HRK 37S. \nNATURAL JUSTICE \nAllotment - The provisions of Regulation 6 (2) of Chandigarh Housing \nBoard Regulation, 1979 undoubtedly authorise the Board to forfeit the depositor \neancel the allotment in case the contents of the affidavit filed by the applicant are \nfound to be false - However, it is an enabling provision - It is incumbent on the \nBoard to examine the facts and circumstances ot each case before passing any \nsuch older - Suuh an order cannot be passed mechanically - Where the petitioner \nwas not given proper opportunity to explain her position about the alleged false \nstatement, the order of cancellation and forfeiture was held not to be justified -\nSmt, Ram Duluri v. Union Territory, Chandigarh, 1994 HRR 67 \nBefore a person is black listed by an Authority, he must be given a notice \n- Order without any uuliee is against law and cannot be sustained - Raphu Naih \nThahtr v. State of Bihar, 1989 H.R.R. 46. \n~^Th,eru,c ofoaturaii\"at'ce will apply unless application thereof is specifically ruled out by the Statute - State of Haryana V. Ram Kishan, AIR 1988 S.C. \nAudi alteram partem -The Order, wherein Principle of audi ultrem partem \nwas not applied was held not maintainable - Order passed at the back of the \naffected person was set aside - Bachan Strtgh v, State of Punjab, 1988 PLJ \n265. \nPrincipal of Nemo judex cause sua - (No one should be made a judge in \nhis own oauae) - A man cannot sit in appeal against his own order - Gwcharan \nStnghv, State of Punjab, 1988 PLJ 471 D.B, and SantJlam v. Stale ofHtmaehal \nParadcsh, AIR 1989 IS II.P. \nRule of natural justice will apply where exercise of power under the Stat\nute would result m civil consequences to citizen - Rules to be followed unless \nexcluded by Statute itself - Baidev Singh v. State of Punjab, 1987 PLJ 24U \nOpportunity - Allotment must be held illegal by the Authorities before can-\ncelling tho plot allotted to lijm - Allotmentbad in Jaw Is no ground for denying the \nopportunity of hearing - Shri Gurdash Ram v. State of Punjab, 1980 PLJ 13 -\nHearing to allottee is essential before cancellation of allotment - Sir Sinsh v \nStatt qf Punjab, 1982 PLJ 276, \nJurisdiction - Order passed at the back of an interested party Is without \njurisdiction tmd can be challenged in Civil Court - Tbjcnder Kaur v. M. Q. Tarn \nTarn, 1983 PLJ 336, \nNotice - A notice is must by the authorities beforerecovering the arrears or \nloan as areare of land revenue - Authorities not to be the Judges In their own \ncause - Tirath Singh v. State of Punjab, 1982 PLJ 305. \nOrder-Officer on original side should ncvcrscck approval of his proposed \norders from his superior, Appellate or revisional Officers - Tata Singh v, Mithu \nSingh and others - 1987 PLJ 116. \n521 Haryana Housing Board Act, 1971 (as extended to Chandigarh) \n'[72-B. Revision. ^The Administrator may either suo mote- or on an appli\ncation of a party, oall for and examine the record of any proceedings or decision or \noider passed by the Board, Chairman, Chief Executive Officer or Officer of the \nBoard for the purpose of satisfying itself as to the legality or propriety of any \ndecision or order paused and if in any case it shall appear to the Administrator that \nnny such decision orordei should be modified, annuled or revised, the Administra\ntor may, after giving the persons affected thereby an opportunity of being heard, \npass such order thereon as it may deem fit.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 680
        },
        {
            "number": "73",
            "title": "Section 73. Power to make rules",
            "chapter": null,
            "content": "and subject to the condition of previous publication, make rules for carrying out \nthe? purposes of this Act. \n(2) In particular and without prejudice to the generality of the toregoing \npower, such rules may be made for all or any ortlie following purposes, namely \n(a) the salary, allowances and condiLiuns of service of members under \nsection?; ... ,, , \n(b) the manner and form in which contracts shall be entered into under \nsuction 18; L J ., , * .  \n(c) the form of annual housing programme, budget and schedule of staff \nofficers and servants, particulars of housing schemes and other \nparticulars to be contained in the programme under section 23;, \n(d) the form of notice under section 41 ; \n(c) the rate of interest under section 42 ; \n(f) the forms of notice under section* 51 and 52 and any other manner in \nwhich they may be served; \n(g) the procedure to be followed in taking possession of any Board premises \nunder section 51; \n(h) the manner in which damages under section 52 may be assessed; \n(i) the manner in which appeals may be preferred under section 54 and \nthe procedure to be followed in such appeals; \n0) the conditions subject to which the Board may borrow any sum under \nsection 60; ,-.-* \n(k) the manner of preparation, maintenance and publication of accounts \nunder section 61; \n(I) the date before which, the form in which, the interval at which and the \nmatter on which reports shall be submitted under section 64; \n(m) the time at which and the form and manner In which statistics, returns, \nparticulars and statement shall be submitted under section 65; \n(n) Ihe rummer in which the Board shall be superseded and reconstituted \nunder section 72; _ \n(o) specifying the bye-laws contravention of any of which shall be an \noffence; and \n(p) any other matter which is to be or may be prescribed under this Act. \n(3) '[ ] AAA* \n* Substituted by (Jhd. Admn. OHZ. Notification dated 13-3-1975 at pagc3405 \n1 Inserted by Hr,ActNo. 10 ofl93fi as extended to Chandigarh published on 2-4-195\" I \n2 Omiiiod vldcChd. Admn. Co*. (Exim) Noli Mention dated 13-3-1975 at pae 34-35 \nHaryana Housing Board Act, 1971 (as extended to Chandigarh) 525 \n*",
            "footnote": "",
            "is_definition": false,
            "sort_order": 690
        },
        {
            "number": "74",
            "title": "Section 74. Regulations",
            "chapter": null,
            "content": "sanction ofthe' [Administrator] by notification, make regulations consistent with \nthis Act and witli any rules made thereunder, -\n(a) for the management and use of buildings constructed under any housing \nscheme; \n(b) the principles to be followed in allotment of tenement and premises; \nand \n(c) for regulating its procedure and the disposal of its business.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 700
        },
        {
            "number": "75",
            "title": "Section 75. Power to make bye laws",
            "chapter": null,
            "content": "inconsistent with this Act and the rules and regulations made thereunder, which \nmay be necesniiry or expedient for the purpose of carrying out its duties and \nfunctions under this Act. \n(2) No bye-laws made by the Board shall come into force until it has been \nconfirmed by the \"[Administrator] with or without modification. \n(3) All bye-laws made under this section shall be published In the '[Chandigarh \nGazette].",
            "footnote": "",
            "is_definition": false,
            "sort_order": 710
        },
        {
            "number": "76",
            "title": "Section 76. Penalty for contravention of bye-taws",
            "chapter": null,
            "content": "bye-law made under section 75 the contravention of which is prescribed as an \noffence shall, on conviction, be punished with imprisonment for a term which may \nextend to one month or with fine which may extend to five hundred rupees or with \nboth.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 720
        },
        {
            "number": "77",
            "title": "Section 77. Penalty for obstructing etc",
            "chapter": null,
            "content": "(a) obstructs any person with whom the Board ha* entered itito n crmtrncf, \nin the performance or execution by such person of his duty or of anything \nwhich lie Is empowered or required to do under this Act; or \n(b) removes any mark set up for the purpose of indicating any level or \ndirection necessary to the execution of works authorised under this \nAct; ! \nhe shall, on uunvicliun, be punished with imprisonment for a term which may \nextend to one month or with fine which may extend to five hundred rupees or wlili \nboth.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 730
        },
        {
            "number": "78",
            "title": "Section 78. Authority for prosecution",
            "chapter": null,
            "content": "take cognizance of any offence punishable under this Act except on tlie complaint \nof, or upon information received from the Board or some person authorised by the \nBoard, oy general or special order, in this behalf. \n****",
            "footnote": "",
            "is_definition": false,
            "sort_order": 740
        },
        {
            "number": "79",
            "title": "Section 79. Registration of documents executed on behalf of Board",
            "chapter": null,
            "content": "withstanding anything contained in the Indian Registration Act, 1908 (Central Act \nXVFof 1908), it shall not be necessary forthe Chairman toappearin person orby \nagent at any registration officer in any proceeding connected with registration of \nany insu UIUBHI executed by him in his official capacity on behalf of the Board or i f \nto sign as provided in section i>8 of that Act. ; \n(2) Where any instrument is so executed, the registration officer to whom \nsuch instrument is presented for registration may, if he thinks fit, refer to the \nChairman for information respecting the same, and on being satisfied ofthe ex\necution thereof, shall register the instrument. I \n**** ! \n* Substituted by Clid. Attum. GtLt. NolifiwiLiuu djiicil 13-3-1975 at page 34-35 \ni  \nl \n!: \n526 Haryana Housing Board Act, 1571 (as extended to Chandigarh) \nSO. Dissolution of Board, - (t) The State Government may be notification \ndeclare that with effect from such date as may be specified in the notification, the \nBoard shall be dissolved. \nv -] \n(2) With effect from the date specified in the notification under sub-section \n(a) all properties, funds and duos which are vested In and realisable by the \nBoard shall vest in and be realisable by the \"[Central Government]; \n(b) all liabilities enforceable against the Board shall be enforceable against \nthe '[Central Government] to the extent of the properties, funds and \ndues vested in and realised by the \"[Central Government]. \n(3) Nothing in this section shall affect the liability oFthe'r^rLrr1' Govern\nment] in respect of loans or debentures guaranteed under sun-sent inn (5) of sec\ntion 60. ft***",
            "footnote": "",
            "is_definition": false,
            "sort_order": 750
        },
        {
            "number": "81",
            "title": "Section 81. Removal cf difficulties",
            "chapter": null,
            "content": "the provisions of this Act, in consequence of the transition tn the said provisions \r\nfrom the provisions of the Acts in force immediately before the commencement \r\nof this Act, the '[Administrator] may by notification make such provisions as appear \r\nto it to be necessary or expedient for removing the difficultly. \r\n(2) If any difficulty arises in giving effect to the provisions of this Act Other\r\nwise than in relation fo (he transition from the provisions of the Acts in force \r\nbefore the commencement of this Act, the '[Administrator] may by notification \r\nmake such provisions, not inconsistent with the provisions of this Act, as appear to \r\nit to be necessary or expedient for removing the difficulty. \r\n***** \r\n+ Substituted by CM. Admn, Gaz, Notification dated 13-3-1975 at page 34-35 \r\nI. Omiitod vide CM. Admn. (Jaz. (l&tra) NolitUtttian dated 13-3-1973 at page 34-35",
            "footnote": "",
            "is_definition": false,
            "sort_order": 760
        }
    ],
    "metadata": {
        "Act ID": "197120",
        "Act Number": "20",
        "Enactment Date": "1971-05-18",
        "Act Year": "1971",
        "Short Title": "THE HARYANA HOUSING BOARD ACT, 1971 (AS EXTENDED TO CHANDIGARH)",
        "Department": "Housing Department, Chandigarh Administration",
        "Type": "UT",
        "Location": "Chandigarh"
    },
    "updated_at": "2026-09-29 21:55:17"
}