CWP No.2386 of 1988 :1: In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 20.07.2010 Dharam Pal Vs. Haryana Housing Board and another CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.PS Saini, Advocate,for the petitioner. Mr.RS Kundu, Addl. AG, Haryana, for the respondents. -- PERMOD KOHLI, J. (Oral): Vide allotment letter Annexure P-2, HIG Tenement No.276, Area 102-28 Sq. yards in the Housing Colony at Baldev Nagar, Ambala City, has been allotted to the petitioner on hire-purchase basis on the conditions stipulated therein. The grievance of the petitioner is that the property is not fit for habitation as various civil and other works are yet to be completed. A direction is sought for completion of the works and issuance of afresh allotment letter. The petitioner was served with a Show Cause Notice dated 16.01.1988 (Annexure P-3) to show cause as to why penalty be not imposed on the petitioner under Section 53A (1) of the Haryana Housing Board Act, 1971, and a fine of Rs.25% be not imposed on the balance amount. It is admitted position that during the pendency of this petition, the house has been completed and the petitioner has been put into possession. In so far as the imposition of penalty is concerned, there is nothing on record to show that the house was complete at the time of allotment. Without completing the house, the respondents have issued a Show Cause Notice to the petitioner. Since the house was completed later CWP No.2386 of 1988 :2: on, the respondents could not proceed against the petitioner on the basis of said notice without affording opportunity of being heard to him. Under these circumstances action of respondents to impose penalty is not justified. This petition is, accordingly, disposed of with following directions:- The petitioner shall file detailed representation against Annexure P-3 within four weeks. On receipt of such a representation, the same shall be considered by the respondents in the light of the judgment dated 04.02.2010 passed by this Court in CWP No.5729 of 1987, within three months. 20.07.2010 (PERMOD KOHLI) BLS JUDGE