IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP.NO.1556 of 2008 DATE OF ORDER: 12.3.2008 Praveen Kumar and Others ....Petitioner(s) through: Mr. Akshay Bhan, Advocate Versus Chandigarh Housing Board .....Respondent(s) through: Mr. Sanjeev Sharma, Advocate CORAM: HON'BLE MR. JUSTICE VIJENDER JAIN,CHIEF JUSTICE HON'BLE MR. JUSTICE JASWANT SINGH .*.*. 1. Whether Reports of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? VIJENDER JAIN, CHIEF JUSTICE (ORAL) This writ petition has been filed by the petitioners inter-alia challenging Sub Clause IV of Clause 3 of the condition of eligibility as contained in Self Financing Housing Scheme 2008 floated by the respondents making the petitioners ineligible for submitting their applications on the ground that they are holding a residential plot/dwelling unit in the Union Territory, Chandigarh or in any of the Urban Estates of Mohali or Panchkula on the basis of an Agreement to Sell and G.P.A etc executed in his/her favour or in favour of his/her spouse or any of his/her minor children. Mr. Akshay Bhan, learned counsel appearing for the petitioners has contended that the eligibility criteria contained in the Original Regulation of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements), 1979 is to the following effect: “6. Eligibility of Allotment.-(1) A dwelling unit or flat in the Housing Estate of the Board shall be allotted only to such person who or his wife/her husband or any of his/her minor children does not own on free-hold or lease-hold or on hire- CWP.NO.1556 of 2008 #2# purchase basis, a residential plot or house in the Union Territory of Chandigarh or in any of Urban Estates of Mohali or Panchkula. Further, persons who have been allotted a residential plot/dwelling unit in the Union Territory of Chandigarh or in any of the Urban Estates of Mohali or Panchkula, through Government/ Semi- Government/Statutory Corporation/Board/ Municipal Committee/Corporation/ Registered Society like AWHO or a Cooperative House Building Society in their name or in the name of their spouse or any minor children, shall also not be eligible for allotment of a dwelling unit or flat. The applicant shall further continue to fulfil these eligibility conditions from the date of opening of the scheme upto the date of delivery of possession of the dwelling unit by the Chandigarh Housing Board. In addition to the above provisions, the applicant should be bonafide resident of UT Chandigarh on the date of opening of the scheme. (2) The applicant shall furnish an affidavit in the prescribed form with regard to his eligibility along with the application. In the event of the affidavit being found false at any stage, the Board shall be entitled to cancel the registration or the allotment of dwelling unit or flat as the case may be, and to forfeit the deposit received with the application and all the payments made to the Board thereafter. (3) The Board shall have the right to impose any additional condition of eligibility as may be determined and notified from time to time.” On the basis of aforesaid regulation, he contends that in view of the aforesaid provisions, any change in the criteria has to be firstly notified in the gazette notification and then can only be inserted in the conditions. On the basis of this submission, he further argues that sub clause IV of Clause 3 of the aforesaid scheme has been inserted without issuing any gazette notification for making ineligible the persons, who are holding a residential plot or dwelling unit in the Union Territory Chandigarh or in any of the Urban Estates of Mohali or Panchkula on the basis of agreement to sell or GPA etc executed in his/her favour or in favour of his/her spouse or any of his/her minor children. He further contends that it was incumbent upon the respondent in terms of sub clause (3) of CWP.NO.1556 of 2008 #3# Regulation 6 to have the aforesaid condition inserted in the eligibility criteria notified in the official gazette before floating the scheme. Upon issuance of notice of motion, respondent-Housing Board put in appearance through Shri Sanjeev Sharma, Advocate, who took time to notify the criteria challenged in this writ petition. He has made a statement that notification in that regard has already been issued on 25.2.2008. In view of the notification having been issued, we do not deem it expedient to issue any further direction except that the scheme as notified shall be treated to have been issued on 25.2.2008. Petition stands disposed of. The respondent will continue the scheme for another period of two weeks. ( VIJENDER JAIN ) CHIEF JUSTICE March 12, 2008 ( JASWANT SINGH ) manoj JUDGE