C.W.P. No.5729 of 1987 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.5729 of 1987 Date of Decision:04.02.2010 Chaman Lal and others ......Petitioners Versus Haryana Housing Board through its Secretary and others ....Respondents Present: Mr. Ashok Gupta, Advocate for the petitioners. Mr. V.K. Vashisht, Advocate for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers 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? -.- K. KANNAN J.(ORAL) 1. The writ petition has come to be filed by the various persons, who had been favoured with offers of allotment with the prayer that allotment letters shall not be made with a concomitant liability to pay the installments, since the house were not in habitable state and neither doors nor windows had been fixed, electricity had not been given, roads were not laid and water and sewerage facilities were also not provided. In the same way, the attempt of the petitioners was to ensure that they were not loaded with any liability by having to make the installments even without entering upon the respective flats for enjoyment. 2. It transpires that all the petitioners have secured the possession of the flats during the pendency of the proceedings and the Housing Board has filed an affidavit through Sh. Mohinder Pal, C.W.P. No.5729 of 1987 -2- Estate Officer stating that all the petitioners except the 1st petitioner had accepted the allotment letters without protest and deposited the allotment moneys also. The affidavit also states that all the petitioners have executed hire-purchase tenancy agreement with the Board and the period of installments, which for MIG Houses is 10 years and for LIG Houses is 13 years, have run through the respective periods stipulated under the documents and they have all become owners of the property. No Due Certificates from the Board also appear to have been issued to them. The affidavit affirms that there is no representation of any sort pending with the Board from the petitioners. Having regard to the grievances relating to lack of sewerage and water supply, electricity, roads having all been addressed and the petitioners have the benefit of enjoyment of the flats with full ownership. 3. The writ petition is disposed of recording the affidavit given by the respondents that there are no claims made by the Board against any of the petitioners. Amongst the petitioners, the persons, who have not paid their installments shall forthwith pay the installments due with interest @6% and secure the No Objection Certificates. The execution of sale deeds, if they have not been done shall also be got executed after obtaining the Non Objection Certificates. Needless to state that cost of registration of the documents of sales will be borne only by the purchasers. 4. The writ petition is disposed of in the above terms. (K. KANNAN) JUDGE February 04, 2010 Pankaj*