Housing Board Tenant Welfare Society v. State of Assam
2015-04-01
A.K.GOSWAMI
body2015
DigiLaw.ai
JUDGMENT Arup Kumar Goswami, J. 1. Heard Mr. A.C. Borbora, learned Senior Counsel, assisted by Mr. M. Smith, learned counsel, appearing for the petitioners. Also heard Mr. C.R. Goswami, learned counsel, appearing for respondent Nos. 2 and 3. The matter was heard, in part, on 13.03.2015 and 26.03.2015 and because of paucity of time, the hearing could not be completed. On 13.03.2015 and 26.03.2015, Mr. B. Gogoi, learned Standing Counsel, Finance Department, appeared for respondent No. 5, and Ms. R. Gogoi, learned State Counsel appeared for respondent Nos. 1 and 4. Today, they are not present. They had submitted that it is basically a matter between the petitioners and the Assam State Housing Board. 2. The pleaded case, in short, is that the petitioner No. 1 is a registered society under the Societies Registration Act, 1860 and the petitioner No. 2 is a General Secretary of the aforesaid society. The Assam State Housing Board (for short, "the Board") had constructed 2 MIG (Middle Income Group) blocks with 4 flats each through Public Works Department (PWD) in the year 1975 and, thereafter, 2 LIG (Lower Income Group) blocks, namely, Block A & B, with 12 flats each, were constructed in the year 1976. Subsequently, 3 more blocks with 12 flats each were constructed. The flats were constructed in an area which is known as Chandmari Colony in Guwahati. The members of the petitioners' society were allotted flats on payment of prescribed security amount and on fixed monthly rentals. Over the years, rent has been increased number of times, but no repairing had been done by the Board in the said buildings and therefore, the petitioners, who are existing or retired Government employees, have to incur expenses for the up-keep and maintenance of the buildings. 3. A proposal was discussed for the disposal of rental buildings through Hire Purchase Scheme way back in the meeting of the Board held on 22.02.1994 under Item No. 10(kha). Thereafter, a proposal for outright sale of flats under Rental Housing Scheme throughout the state belonging to the Board was mooted by the Chairman in Item No. 7 in the meeting of the Board of Directors held on 27.09.2000. The Board had directed the Commissioner to assess the value of Rental Housing Building. In the meeting of the Board held on 27.08.2001, the Board had agreed to the proposal for conversion of flats/houses/tenements etc.
The Board had directed the Commissioner to assess the value of Rental Housing Building. In the meeting of the Board held on 27.08.2001, the Board had agreed to the proposal for conversion of flats/houses/tenements etc. on rental basis under Rental Housing Scheme to Ownership flats/houses/tenements, at Hengarabari, Chandmari Colony, Borhojai, Krishna Nagar etc. Accordingly, the Board advised the Commissioner to arrange to work out up-to-date valuation of the flats/houses/tenements etc. as per usual procedure. Pursuant to the said decision of the Board, valuation was also done. However, although many years have rolled by, as no further steps are initiated despite filing of representations by the petitioners, they have approached this court by filing this petition. 4. An affidavit was filed on behalf of respondent Nos. 2 and 3 through the Commissioner of the Board. 5. Mr. Borbora has submitted that the Board having taken a decision, in principle, accepting the proposal for conversion of flats to ownership right in a meeting of the Board chaired by the Chairman of the Board, who also happened to be a Minister holding the portfolio of P.W.D., Town and Country Planning Department and which comprised of Commissioner and Secretary to Government of Assam, Town and Country Planning Department, Chief Engineer, P.W.D. (Roads), etc. it was incumbent upon the Board to have taken and carried forward the decision to its logical end. However, inexplicably, no further steps have been taken. It is submitted that the Board having taken such a decision, there is a legitimate expectation generated that the tenants who are in occupation of the flats for last 35 years or so, would be conferred ownership rights of the flats. He has submitted that State of West Bengal had taken a policy of conversion of housing flats given on rent to ownership basis. 6. Mr. Borbora submits that the valuation that was fixed by the P.W.D. is acceptable to the petitioners and, therefore, having regard to the long lapse of time, direction may be issued by this court directing the Board to implement the decision taken in the meeting of the Board on 27.08.2001. 7. Mr. C.R. Goswami, learned counsel appearing for respondent Nos.
Mr. Borbora submits that the valuation that was fixed by the P.W.D. is acceptable to the petitioners and, therefore, having regard to the long lapse of time, direction may be issued by this court directing the Board to implement the decision taken in the meeting of the Board on 27.08.2001. 7. Mr. C.R. Goswami, learned counsel appearing for respondent Nos. 2 and 3, by relying on the affidavit filed, has submitted that the Board is not at present willing to sell the flats let out on rent and is also not desirous to take any decision for converting the same to ownership flats. During the course of hearing, he has also produced two letters, dated 24.03.2011 and 05.04.2011, which have been mentioned in paragraph 5 of the affidavit. Copies of the same were also furnished to Mr. Borbora. 8. The letters produced by Mr. Goswami are taken on record. 9. In view of the resolution of the Board adopted on 27.08.2001, Mr. Goswami does not dispute that at one point of time, decision was taken by the Board for conversion of flats/houses/tenements on rental basis under Rental Housing Scheme to ownership flats/houses/tenements and that pursuant to the resolution adopted in the meeting held on 27.08.2001, a valuation report was also submitted by the Commissioner, Assam State Housing Board, based on APWD Schedule. He has further submitted that in the said report of the Commissioner, Assam State Housing Board, annexed as Annexure-F at page No. 36 of the writ petition, it was indicated that the Finance Reform Committee, headed by a former Chief Secretary to the Government of Assam, suggested to take steps for sale of the flats/houses/tenements as per valuation done by a professional valuer. He has also submitted that going by the report submitted by the Commissioner, Assam State Housing Board, it was placed before the Board for threadbare discussion and necessary approval. 10. I have considered the submissions of the learned counsel for the parties and have perused the materials on record. 11. The Assam State Housing Board Act, 1972 (for short, the 1972 Act) was enacted to make such schemes and to carry out such works as are necessary for the purpose of dealing with and satisfying the need of housing accommodation and with that end in view, it was considered necessary to establish the Board.
11. The Assam State Housing Board Act, 1972 (for short, the 1972 Act) was enacted to make such schemes and to carry out such works as are necessary for the purpose of dealing with and satisfying the need of housing accommodation and with that end in view, it was considered necessary to establish the Board. 'Board' is defined to mean the Assam State Housing Board constituted under Section 3 of the 1972 Act. Section 3 of the 1972 Act provides that State Government shall, by notification in the official Gazette, establish for the purposes of this Act, a Board by the name of Assam State Housing Board, which shall be a body corporate. The Board shall consist of a Chairman in terms of Section 4, appointed by the Government and members drawn from various departments including the Secretary, Town and Country Planning Department, and Secretary, Finance, or his representatives. Chapter III of the 1972 Act deals with Housing Schemes and Section 23(1) provides that subject to provisions of 1972 Act and subject to the control of the State Government, the Board may, from time to time, incur expenditure and undertake works in any area in which the 1972 Act is in force for the framing and execution of such Housing Schemes as it may consider necessary. Section 46 provides that subject to any rules being made by the State Government under the Act, the Board may retain, lease, sell, exchange or otherwise dispose of, any land, any building or other property vesting in it and situate in the area comprised in Housing Scheme permitted under the Act. 12. In terms of Section 72 of the 1972 Act, Assam State Housing Board Rules, 1976, for short, 1976 Rules, was also framed and it will be appropriate to take note of Rule 14, which is relevant for the purpose of this case. "14. Disposal of property:- (1) Any land belonging to and vested in the Board may be transferred to the Government, if required by it, at the market value of the land so transferred. The payment of the amount may be made in cash or adjusted against loan advance to the Board by Government.
"14. Disposal of property:- (1) Any land belonging to and vested in the Board may be transferred to the Government, if required by it, at the market value of the land so transferred. The payment of the amount may be made in cash or adjusted against loan advance to the Board by Government. (2) Any building vested in the Board may be transferred to the Government, if required by it, on payment in cash or adjustment against loan advanced to the Board by the Government, of the cost of building so transferred plus the charges on the establishment for its maintenance but less a reasonable amount to be deducted on account of depreciation. (3) Subject to provision of Sub-Rule (1) and (2) above the Board shall not lease, sell, exchange or otherwise dispose of any immovable property vested in it and situate in the area comprised in any housing scheme sanctioned under the Act, without prior approval of the Government. Such transfer shall be subject to such terms and conditions as Government may determine in each case in that behalf. Provided that no such approval shall be required:- (a) for letting out or allotment of tenements and premises according to the Regulations by-laws made by the Board in that behalf; and (b) for sale or demolition of any old building or structure which is in a dangerous condition or beyond repair; (4) When any scheme for sale or letting out of land or building is approved by the Government, it shall be published in the official Gazette and in at least two local daily newspapers. Preference shall be given to the original owners if any of the land in the matter of sale or lease of such land." 13. Rule 15, under Chapter-XIII, lays down the condition of occupation of housing accommodation. It is under this Rule that the members of the petitioner society have been given housing accommodation. 14. A perusal of the resolution adopted on 27.08.2001 would go to show that the Board had agreed to the proposal for conversion of flats/houses/tenements etc., on rental basis under Rental Housing Scheme, to ownership flats/houses/tenements. It also appears from the materials on record that some valuation was also done pursuant to the directions contained in the resolution adopted in the meeting of the Board held on 27.08.2001.
It also appears from the materials on record that some valuation was also done pursuant to the directions contained in the resolution adopted in the meeting of the Board held on 27.08.2001. The affidavit filed by the Commissioner, Assam State Housing Board, on behalf of respondent Nos. 2 and 3, does not indicate that any resolution of the Board, reviewing the earlier decision of the Board, was taken. Although statements have been made that the Board is, at present, not willing to sell the flats, such assertion is not based on any acceptable materials on record. If any such decision had been taken by the Board, the same ought to have been placed before the Court for consideration. To the same effect is the statement made that the Board is not desirous to take any decision for conversion of the rental flats/houses/tenements to ownership flats/houses/tenements. No material has been furnished by the respondent Nos. 2 and 3 to show as to what has happened subsequent to the report of the Commissioner, Assam State Housing Board, at Annexure-F. 15. Therefore, the position that has emerged is that the decision of the Board taken in the meeting of the Board of Directors, held on 27.08.2001, in essence, is still subsisting. 16. In view of the above, it is incumbent on the part of the Board to consider the report of the Commissioner, Assam State Housing Board, which is annexed to the writ petition as Annexure-F. 17. Accordingly, I deem it appropriate to issue a writ of mandamus to the Board to consider the report of the Commissioner, Assam State Housing Board (Annexure-F), within a period of three months from today, and take such further action(s) on the same in accordance with law as may be considered appropriate by the Board. 18. The decision taken by the Board shall be communicated to the General Secretary of the petitioner society. In terms of the above, the writ petition stands disposed of. Disposed off.