Sumitra Devi v. House Allotment Committee And Others




  
   

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1.

In the present petition, the grievance being raised by the petitioner is that the petitioner has been directed to pay a sum of ₹37,389/- on the ground that though, the petitioner had surrendered the house allotted to

her on 01.02.2010, which application had already been received by the respondents and the petitioner never occupied the said house but the respondents have treated the said house in occupation of the petitioner upto the year 2021 so as to claim the said amount on the ground of nonsubmission of No Objection Certificate, which act on the part of the respondents is arbitrary and illegal.

2.

Learned counsel for the petitioner submits that once, the petitioner has already surrendered the accommodation and had also paid the dues which were recovered from the salary of the petitioner, only on the ground that 'No Objection Certificate' from the Electricity Department and the Water Sanitation Department was not submitted, the house has been treated under the possession of the petitioner despite the fact that she had never occupied the same and had already surrendered the same on 01.02.2010 is arbitrary and illegal. Hence, the claim of the amount by treating the petitioner to be in occupation of House No. 12/2291-A, Sector20, Chandigarh upto the year 2021 is arbitrary and illegal. 3.

Upon notice of motion, the respondents have filed the reply, wherein the respondents have stated that before handing the possession of the allotted house, the final bills of electricity and water charges are to be cleared, hence, 'No Objection Certificate' was must so as to treat that there was no liability upon the petitioner qua the said house and as 'No Objection Certificate' was not submitted by the petitioner, the said house was rightly treated to be in possession of the petitioner upto the year 2021 i.e. when the

'No Objection Certificate' of the Electricity/Water supply was submitted by the petitioner so as to claim the outstanding dues. 4.

Learned counsel for the petitioner submits that even in the year 2021 when the 'No Objection Certificate' was submitted, there was no pending electricity or water dues against the petitioner. 5.

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