Lalla (now deceased) & Anr. v. Chandigarh Housing Board, Chandigarh

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Rohit Sapehiya, Advocate for the petitioner. Mr. Indresh Goel, Advocate for the respondent. **** JASGURPREET SINGH PURI, J. (Oral)

The present Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondent to expeditiously dispose of the pending Appeal No.MCA DJ./91/2025 (Annexure P-6), titled as “Lalla (now deceased) and another versus Chandigarh Housing Board, Chandigarh”, filed under Section 54 of the Haryana Housing Board Act, 1971 (as extended to U.T. Chandigarh), along with the application for de-sealing of residential premises bearing Flat No.4673, Sector 38 West, U.T. Chandigarh (Annexure P-7).

Learned counsel for the petitioner submitted that the respondent- Chandigarh Housing Board had initiated action against the petitioner with regard to Flat No.4673, Sector-38 West, U.T. Chandigarh and thereafter, an order of cancellation of allotment of the said flat was passed vide Annexure P-2 CWP-18336-2026 -2- dated 27.01.2023. He further submitted that thereafter, behind the back of the petitioner, an eviction order was passed by the competent authority under Chapter VI of the Haryana Housing Board Act, 1971 as extended to U.T, Chandigarh vide Annexure P-4. He further submitted that in this way, the aforesaid eviction order was passed against the petitioner without her knowledge and it was thereafter that the petitioner was evicted from the said flat, which was sealed in the month of April, 2025 and consequently, the petitioner along with her family members had to shift to a jhuggi, where they are presently residing. He further submitted that on attaining the knowledge with regard to the aforesaid eviction order (Annexure P-4), the petitioner preferred an appeal under Section 54 of the Haryana Housing Board Act, 1971 (as extended to U.T. Chandigarh) against the aforesaid order vide Annexure P-6 on 26.05.2025 and more than one year has elapsed but the said appeal has not yet been decided, although the learned District Judge has kept the case for arguments. He also submitted that the limited prayer of the petitioner is that the said appeal may be considered and decided by the learned District Judge within any time frame work, especially in view of the fact that the petitioner and her family members are very poor and after being evicted from the said flat, they are now residing in a jhuggi for more than one year.

At this stage, Mr. Indresh Goel, learned counsel for the respondent- Chandigarh Housing Board submitted that considering the aforesaid limited prayer made by the petitioner for expeditious disposal of the appeal pending before the learned District Judge, he has no objection with regard to the same.

We have heard the learned counsels for the parties. CWP-18336-2026 -3-

In the normal course, this Court does not entertain such prayers seeking expeditious disposal of appeals etc. pending before any authority, particularly where the period of pendency is only about one year. However, in the present case, without commenting anything upon the merits of the case and considering the peculiar facts and circumstances, where as per the learned counsel for the petitioner, the petitioner has been evicted from the said flat and is residing along with her family members in a jhuggi for more than one year and also considering that the petitioner and her family members are very poor persons, this Court deems it fit and proper to direct the learned District Judge- cum-Appellate Authority under the Haryana Housing Board Act, 1971 (as extended to U.T., Chandigarh), Chandigarh, before whom the aforesaid appeal (Annexure P-6) is pending to consider and decide the same as expeditiously as possible, in accordance with law.

A copy of this order be sent to the learned District Judge-cum- Appellate Authority under the Haryana Housing Board Act, 1971 (as extended to U.T., Chandigarh), Chandigarh.