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august 1995

Supreme Court of India · 1995-08-07

CHANDIGARH HOUSING BOARD vs AVTAR SINGH

Citation / case number
SC 1995/838
Court
Supreme Court of India
Petitioner
CHANDIGARH HOUSING BOARD
Respondent
AVTAR SINGH
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Regulation 6 of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, both husband and wife are ineligible to apply for separate allotments of housing if one of them has already been allotted a house. The Court upheld the cancellation of the allotment made to the 1st respondent but ruled that only half of the amount paid should be forfeited, allowing the balance to be adjusted against his wife's dues. The judgment clarified that the power of forfeiture is intended to prevent fraud, but in this case, a partial refund was justified.

CHANDIGARH HOUSING BOARD vs AVTAR SINGH · Niyam