The Punjab and Haryana High Court has recently ruled that the Chandigarh administration employees who had applied for the 2008 Self-Financing Employee Housing Scheme will get the flats at brochure rates of the same year. The court’s decision has brought relief to the employees who had been waiting for the flats for over a decade.
The Chandigarh Housing Board (CHB) had launched the Self-Financing Employee Housing Scheme in 2008, under which around 4,000 flats were to be built in Sectors 52, 53, and 56 for government employees. The project comprised 252 3BHK flats with servant quarters, 168 2BHK flats with servant quarters, 3,066 1BHK flats, and 444 single-room flats for Group D employees. A draw of lots was held in 2010, in which 3,930 employees among 7,911 applicants were selected. They had then deposited around ₹57 crore with the CHB under the scheme.
The project ran into rough weather, as the administration could not make requisite land available for the purpose. In October 2013, when employees realized that the Union Territory (UT) was dillydallying, they approached the high court, demanding that flats be allotted at the same rates asked for in 2008, within a time-bound manner.
In high court, UT initially argued that as per a 2012 letter of the department of expenditure, Union government, no land belonging to the government could be sold to a local authority, body, or any person or institution without prior sanction and specific approval from the Centre. Also, it had to be given on commercial rates. The central government on January 2, 2019, cleared the scheme, although at prevailing collector rate.
The Punjab and Haryana High Court has allowed the employees’ petition and said that the rates given in the 2008 brochure will be applicable. The court also said that the 2012 MHA notification on land to be given on commercial rates will have a prospective effect. The detailed judgment from the bench of justice Sureshwar Thakur and justice Lalit Batra is awaited.
Conclusion:
The Punjab and Haryana High Court’s decision has brought relief to the Chandigarh administration employees who had been waiting for the flats for over a decade. The court’s decision has upheld the employees’ right to get the flats at the same rates asked for in 2008. The decision is a significant step towards ensuring that government employees get their due benefits.