Gross abuse of power: SC cancels allotment of two super deluxe flats by Haryana Govt housing society

Terming it as ‘gross abuse of powers and authority’, the Supreme Court has cancelled allotment of two super deluxe flats by a Haryana Government housing society to a governing body member and his subordinate.

"Nepotism and self-aggrandizement are anathema to a democratic system, more so when it happens within a society comprising members of the government service, enabling housing facilities to its members by transparent allotment," a Bench of Justice Sanjay Kumar and Justice K Vinod Chandran said, setting aside an order of the Punjab and Haryana High Court that had refused to interfere with the allotment.

The high court had held that since the allotment made earlier to a governing body member was surrendered, the same was allotted to a governing body member of HUDA, Urban Estate and Town and Country Planning Employees Welfare Organization (HEWO) and his subordinate was granted allotment on the draw of lots, in which the appellant also participated, he becomes estopped from challenging the same.

However, the top court said the allotments made to the duo were arbitrary, biased and violated the society's own eligibility criteria.

The top court made it clear that the entire amounts deposited by the third and fourth respondents shall be refunded to them within one month without any interest. It directed them to vacate the premises within one month of the refund.

The verdict came on a petition filed by Dinesh Kumar, a member of HEWO challenging allotment of two super deluxe flats. Kumar challenged the allotment of the super deluxe flats to two persons alleging them to be ineligible and accusing HEWO of favouritism.

The top court said the appellant applied under the advertisement and was eligible on all counts, satisfying both the deputation period and the basic pay requirements.

"There could have been no preferential allotment given to the governing body member who was not even satisfying the six months deputation period in the service of HUDA. We find absolutely no reason to uphold the allotment made to the third respondent which is a clear act of favouritism and blatant display of self-aggrandizement," the top court said in its February 17 judgment.

Considering the gross abuse of powers and authority carried out, the top court slapped costs of Rs 1 lakh on HUDA, Rs 50,000 on the third respondent and Rs 25,000 on the fourth respondent.

"The second respondent shall pay Rs 50,000 to the appellant as litigation expenses and the balance shall be deposited with the Legal Services Committee of the Supreme Court, with whom the third and fourth respondents also shall deposit the costs imposed on them, within a period of two months,” it said.

"We make it clear that the costs imposed on the second respondent would be capable of recovery from the governing body members, except the third respondent on whom we have separately imposed costs, which the second respondent would be entitled to proceed with after issuing notice to the members of the Governing Body, who took the decision for allotment," the Bench said.