HC stays ‘arbitrary’ allotment of govt houses by Admn

The order reads: “Counsel for the Chandigarh Administration is not able to state as to how the list of earmarked houses has expanded in Chandigarh in violation of Chandigarh Administration (General Pool) Allotment Rules,1996. Counsel for the Administration has also failed to explain as to how,without taking into consideration the pay-scale/ seniority,houses of higher type have been earmarked for officers of the Chandigarh Administration.”

“The lists supplied have more to hide than disclose. No effort has been made to explain to this court that what is the criteria regarding determination of the type of houses for allotment,” Justice Ahluwalia ruled.

The order further reads: “Houses having plots of less dimension and covered area have been assigned to higher type,whereas plots having more size and covered area have been assigned lower type.”

The directions were passed in wake of a petition filed by Asha Sharma,State Information Commissioner,Haryana,who had sought a stay on dispossession of the government house allotted to her in Chandigarh.

Further,the retired IAS officer had sought directions to the UT Administration to regularise allotment of her house in Sector 5,Chandigarh. She had stated that on September 6,1996,the Administration had decided to regularise government houses.

In January 2008,Sharma was asked by the UT Administration to vacate the house. Subsequently,she moved the High Court.

On February 12,2008,the court issued notices to the Administration and stayed the dispossession of the house. The petition came up for resumed hearing on December 7,2009.

After hearing counsels of the two parties,the High Court had directed the Secretary,House Allotment Committee,to provide the last three years’ record of allotment of type III (old),IV and V (old),VI (old),VI (new) and VII (old) houses in Chandigarh.

Further,the secretary was directed to file an affidavit on how the allotment of houses was determined.

On Monday,the list of officers who were allotted the six types of houses since January 2006 was placed on record before Justice Ahluwalia.

After perusing the record,Justice Ahluwalia expressed anguish on the allotment method and stayed any further allotments till December 22.

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