Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1976-Regulation 6-Expression 'Domicile'- Connotation Management and Sale of Tenements) Regulations Chandigarh Housing Board (Allotment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1976-Regulation 6-Expression 'Domicile'- Connotation-Allotment of flat-Eligibility criteria-Applicant to be domicile of Union Territory or bonafide resident for at least 3 years-Applicant applied on the premise of being a domicile of Union Territory but did not furnish such certificate-Allotment cancelled-High court set aside the cancellation-On appeal held, applying popular meaning of 'domicile' criteria, flat can be allotted if applicant furnishes domicile certificate-On failure he cannot fall back on the criteria of being a bonafide resident.Words and Phrases: 'Domicile '-Meaning of Appellant-Board floated a housing scheme for general public, for allotment of flats. The eligibility condition under the Regulations was that the applicant should be either a domicile of Union Territory of Chandigarh or should have been a bona fide resident of the Territory for a period of atleast 3 years on the date of submitting the application. Respondent submitted an application form to the Board for allotment of flat. He did not furnish any information regarding his being a bona fide resident of Chandigarh and also his period of stay. However, he stated that he is a domicile of Union Territory of Chandigarh and on that premise the Board allotted him a flat. Subsequently, the respondent was asked to a submit the domicile certificate or any other proof in that regard. Respondent submitted a residential certificate but not a domicile certificate. Appellant-Board repeatedly asked for the same. Respondent did not furnish any such document to prove his eligibility. Thereafter the Board issued a show cause notice to the respondent. Respondent filed writ petition and the High Court directed the Board to take a decision about handing over the possession of the flat. Appellant-Board after giving opportunity to the respondent cancelled the allotment of the flat. Respondent challenged the same. High court held that since the respondent has already furnished a residential certificate to the effect that he is a bonafide resident of Chandigarh for the last more than three years, and further the respondent being an Indian citizen, is a domicile of Union Territory of Chandigarh. Thus, it set aside the order passed by the Appellant-Board. Hence the present appeal. |
Judge | Honble Mr. Justice V.N. Khare |
Neutral Citation | 2002 INSC 12 |
Petitioner | Chandigarh Housing Board And Anr. |
Respondent | Gurmit Singh |
SCR | [2002] 1 S.C.R. 109 |
Judgement Date | 2002-01-09 |
Case Number | 5834 |
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