CWP No.18577 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.18577 of 2009 Date of decision:04.12.2009 Prabhu Dayal …Petitioner Versus Chandigarh Housing Board and others …Respondents Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr. S. S. Bains, Advocate for the petitioner. L. N. MITTAL, J (ORAL) Petitioner has filed this writ petition under Article 226 and 227 of the Constitution of India assailing letter dated 07.04.1997 (Annexure P- 2) whereby Registration and Allotment of Dwelling Unit No.5344, EWS, Maloya Colony, Chandigarh to the petitioner was cancelled by Chandigarh Housing Board, order dated 15.01.2008 (Annexure P-4) whereby appeal filed against the cancellation letter dated 07.04.1997 (Annexure P-2) was dismissed, order dated 23.05.2006 (Annexure P-7) whereby petitioner was ordered to be evicted from the aforesaid dwelling unit and judgment dated 10.09.2009 (Annexure P-8) passed by learned Additional District Judge, Chandigarh thereby dismissing the appeal of the petitioner against the ejectment order. The petitioner was allotted the aforesaid dwelling unit vide allotment letter dated 02.01.1989 (Annexure P-1). The petitioner failed to make payment of the said dwelling unit in installments as per allotment letter. Consequently, allotment of the dwelling unit to the petitioner was cancelled vide letter dated 07.04.1997 (Annexure P-2). The petitioner preferred appeal against the said order which was time barred. However, the petitioner in spite of seeking opportunities to make balance payment, CWP No.18577 of 2009 -2- failed to pay the said amount nor anybody appeared before the appellate authority on some subsequent dates. The appeal was accordingly dismissed vide order dated 15.01.2008 (Annexure P-4). In the meanwhile, in view of cancellation of allotment of dwelling unit to the petitioner, eviction proceedings were initiated against the petitioner and the competent authority vide order dated 23.05.2006 (Annexure P-7), ordered eviction of the petitioner from the aforesaid dwelling unit. Appeal preferred by the petitioner against the said order has been dismissed by learned Additional District Judge, Chandigarh vide judgment dated 10.09.2009 (Annexure P- 8). Feeling aggrieved, the instant writ petition has been preferred. I have heard learned counsel for the petitioner and perused the case file. As noticed hereinabove, the dwelling unit was allotted to the petitioner on 02.01.1989. Perusal of order dated 15.01.2008 (Annexure P- 4) of the appellate authority against cancellation order reveals that although the said appeal was time barred, yet another opportunity was granted to the petitioner on the request of his counsel for depositing the balance amount. A sum of Rs.26000/- was still due on 05.09.2007, the date of hearing in the said appeal, when adjournment of one week was sought to deposit the due amount. However, after the adjournment was granted, none appeared for the appellant on the next date and on subsequent dates till 15.01.2008 i.e for more than four months when order dated 15.01.2008 (Annexure P-4) was passed by the appellate authority. It was also observed by the appellate authority that even till 15.01.2008, the due amount had not been deposited by the petitioner. In view thereof, the appellate authority was left with no option, but to dismiss the appeal. There is no infirmity or illegality in the letter dated 07.04.1997 (Annexure P-2) and order dated 15.01.2008 (Annexure P-4) regarding cancellation of allotment of the dwelling unit to the petitioner and the order of the appellate authority. CWP No.18577 of 2009 -3- It is apparent that the petitioner did not deposit the due amount for more than 19 years after the date of allotment. Moreover, order dated 15.01.2008 (Annexure P-4) has been challenged in the instant writ petition which has been filed more than 22 months after the passing of the said order. There is no explanation for this long delay in preferring the instant writ petition to assail the order dated 15.01.2008 (Annexure P-4) passed by appellate authority. The instant writ petition is thus, barred by delay and laches also. Insofar as eviction order dated 23.05.2006 (Annexure P-7) and appellate judgment dated 10.09.2009 (Annexure P-8) are concerned, eviction of the petitioner from the disputed dwelling unit is an automatic consequence of cancellation of the allotment of the unit to the petitioner. Consequently, the said orders also do not warrant any interference in exercise of writ jurisdiction at the hands of this Court. In view of the aforesaid, I find that the writ petition is completely devoid of merit and is accordingly dismissed in limine. ( L. N. MITTAL ) JUDGE 04.12.2009 A.Kaundal