Husband or wife eligible for Noida flat schemes, rules Allahabad high court
Rajat Dewan and his wife had applied for flats pursuant to an advertisement issued by the Noida authority. Both were allotted separate flats on April 30, 2003.
In Noida authority residential schemes, either husband or wife is entitled to allotment, the Allahabad high court has said in a case pertaining to a man and wife who applied separately for a residential flat scheme and both got allotment letters. The authority had neither cancelled the allotments nor given possession of flats to either spouse. The court has directed the authority to give possession of one flat to one of them.
Rajat Dewan and his wife had applied for flats pursuant to an advertisement issued by the Noida authority. Both were allotted separate flats on April 30, 2003.
Later, the Noida authority found that the allotment has been made in contravention of its policy and conditions mentioned in the brochure that only one member of a family is entitled to allotment.
The Dewans moved the high court in 2015. The petitioners argued that they have deposited the entire cost of the two flats in 2003 and that they had taken loans to pay the cost of flats with the consent of the Noida authority. However, the Noida authority has neither cancelled their allotment nor given them possession of flats, pleaded the advocate of the petitioners.
In a rejoinder affidavit, Kaushalendra Nath Singh, counsel for the Noida authority, submitted that the records of the petitioners are missing and, in this regard, a first information report has also been lodged. He further submitted that for this reason, he was not in a position to state whether the order of cancellation had been issued or not.
He further said the Noida authority shall give the possession of only one flat and the allotment of the second flat shall stand cancelled. The counsel for the petitioners agreed to the offer.
“Allahabad high court bench of justice Pradeep Kumar Singh Baghel and justice Pankaj Bhatia disposed of the petition. As per the order, the Noida authority shall execute the lease deed and give possession of only one flat if full payment of the flat has been made. Further, the Noida authority shall refund the amount for the second flat,” S Kumar, advocate, said.
“The bench has also made it clear that this order has been passed only for this particular case and it shall not be treated as a precedent,” Kumar said.