Rajasthan Housing Board vs KAILASH BABU SHARMA

THE petitioner''s grievance is that the Rajasthan Housing Board could allot a plot of land or house to a person who does not have at that place or city a house or plot in his own name or in the name of his wife or in the name of a dependent family member (including unmarried children). It is stated on behalf of the petitioner that although the respondent had built a house on another plot of land, he has made an application and got another plot of land allotted to him. THE Housing Board is entitled to cancel this allotment as the respondent who has built a house on the another plot of land, was not entitled to get the second plot.

THE respondent''s case is that he has not concealed any material fact. He has clearly stated to the petitioner that he had built a house on another plot of land and with full knowledge of the facts the petitioner had allotted the second plot to him. It may be that the petitioner by mistake allotted the second plot to the complainant but that allotment was clearly against the Rules framed by the Rajasthan Housing Board. Therefore, the respondent cannot take a plea in this case, that the mistake of law or fact made by the petitioner gives him an irrevocable right to get the second plot. The complainant must not succeed on the basis of his legal right and not on the basis of any mistake committed by the Housing Board. Having obtained and built a house on one plot of land, allotted by the Housing Board, he is disentitled under the Rules to get another plot of land from the Board.

The other question that has been raised is the question of refund of money. It is stated that the petitioner has enjoyed this money. It is true that money should be refunded straightaway or the respondent could have obtained the possession of the second plot. Neither was done in this case. Having regard to the facts of the case, we are of the view that the principal amount deposited by the complainant amounting to Rs. 46,135/- must be refunded to him with interest @ 15% w.e.f. 29.10.1992 till the date of payment. Another point taken is that the respondent had sought permission for transfer of the house. The question of transfer could arise only if there was a legitimate allotment. The respondent cannot transfer a plot which was mistakenly allotted to him. Therefore, respondent cannot claim the transfer of the plot to what he is not entitled. The Revision Petition is disposed of as above. Revision Petition disposed of.