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.