“Transparent Process Followed, No Grounds for Interference”: Punjab & Haryana High Court Upholds Super Deluxe Flat Allotments by HEWO, Rejects Allegations of Favouritism
Sanchayita Lahkar
The High Court of Punjab and Haryana Division Bench of Justice Sureshwar Thakur and Justice Vikas Suri dismissed a writ petition challenging the allocation of membership for Super Deluxe category flats under a housing scheme administered by an employees’ welfare organization. The Court upheld the decisions allocating membership to two respondents, including a serving government official, and found that the challenged allotments were carried out transparently and in accordance with the governing body's resolutions. The Court declined to interfere, holding that the petitioner had participated in the process and failed to demonstrate procedural unfairness or illegality.
The petitioner, Dinesh Kumar, sought the quashing of the decision dated 14.9.2021, whereby a Super Deluxe category flat was allocated to respondent No. 3, the Managing Director of HEWO, as well as the subsequent letter dated 15.5.2023, allocating another Super Deluxe flat to respondent No. 4. The petitioner also contested the decision of 25.7.2023, which regularized the allocation to respondent No. 4.
It was submitted that the HEWO, through a letter dated 9.2.2005, invited applications for flat allotments from eligible government employees. The petitioner argued that eligibility conditions were revised arbitrarily to benefit certain individuals. Specifically, he contended that respondent No. 3 had not completed the requisite six-month deputation period and that respondent No. 4 was ineligible under the revised Pay Rules.
According to the petitioner, he applied for a Super Deluxe category flat on 18.6.2021, fulfilling all eligibility requirements. He alleged that respondent No. 4 was allowed to bypass these criteria due to his professional association with respondent No. 3, who was then serving as Managing Director of HEWO.
The petitioner further claimed that the governing body acted in contravention of its own rules by allotting membership to respondent No. 3 during a meeting held on 14.9.2021. Similarly, respondent No. 4's allotment was said to contravene the guidelines set forth in the advertisement published on 13.4.2021.
In defense, the State and HSVP (Haryana Shahari Vikas Pradhikaran) contended that the petition was not maintainable since HEWO is a registered society and not a "State" under Article 12 of the Constitution. They asserted that the society's decisions are governed by internal rules and not subject to judicial review unless public law elements are involved.
They submitted that the society operates without government funding and that its land was allocated through standard procedures applicable to all group housing societies. Consequently, no special treatment had been accorded to HEWO or its members.
Respondents No. 3 and 4 supported the contention that due process was followed. It was stated that following the surrender of a Super Deluxe flat by one member, the governing body resolved to allot it to respondent No. 3, who was a member of the governing body. The allotment to respondent No. 4 was also justified as having followed due procedure and being regularized in accordance with the governing body's decision.
They further pointed out that the petitioner had an alternative remedy of approaching the Registrar of Societies, which he had not availed.
The Bench noted that although HEWO is a registered society, the presence of public property in the dispute justified judicial scrutiny:
"Since public properties are involved in the instant writ petition, therebys even in the exercise of writ jurisdiction, this Court becomes empowered to engage itself in the process of fathoming, whether transparency and the rule of fairness and reasonableness becomes adhered to by the respondent concerned."
The Court found no irregularities in the decision to allot the flat to respondent No. 3. As per the minutes dated 14.9.2021:
"It was observed that Sh. B.B.Gupta, Chief Controller of Finance, HSVP-cum-Managing Director, HEWO, Panchkula is eligible for Super Deluxe category flat being a Governing Body member. It was unanimously decided that membership of Super Deluxe category flat withdrawn by Sh. K. Makran Pandurang, IAS, DTCP-SSTCP may be allocated to Sh. B.B.Gupta."
Regarding respondent No. 4, the Court found that his allocation followed a draw of lots and was regularized accordingly:
"Respondent No. 4 was allocated membership No. 11065 of Super Deluxe category flat of HEWO Scheme-II, through the impugned letter dated 15.5.2023."
The Court stated that the decision arose from a draw held after the cancellation of a prior membership and that transparency was maintained.
Furthermore, the Court held that the petitioner had participated in the draw of lots unsuccessfully, and therefore could not later challenge its validity: "The present petitioner also unsuccessfully participated in the draw of lots, therebys he becomes estopped to contend that there was any illegality in the passing of the minutes (supra) in the meeting held on 14.9.2021."
The Division Bench dismissed the writ petition: "In aftermath, this Court finds no merit in the writ petition, and, with the above observations, the same is hereby dismissed. The impugned annexures are maintained and affirmed."
Advocates Representing the Parties:
For the Petitioner: Mr. Manjeet Singh, Advocate with Mr. Suresh Nain, Advocate
For the Respondents: Mr. Ankur Mittal, Addl. A.G., Haryana; Ms. Svaneel Jaswal, Addl. A.G., Haryana; Mr. Pardeep Prakash Chahar, Sr. DAG, Haryana; Mr. Saurabh Mago, DAG, Haryana; Mr. Gaurav Bansal, DAG, Haryana; Mr. Karan Jindal, AAG, Haryana; Ms. Kushaldeep Kaur, Advocate; Ms. Saanvi Singla, Advocate; Mr. Aman Pal, Advocate; Mr. Rajeev Sharma, Advocate; Mr. Jayant Puneet Bamal, Advocate for Mr. Harmanjit Singh Gill, Advocate; Mr. R.K. Malik, Senior Advocate with Mr. Varun Veer Chauhan, Advocate
Case Title: Dinesh Kumar vs. State of Haryana and others
Neutral Citation: 2025: PHHC:049851-DB
Case Number: CWP No. 22531 of 2023 (O&M)
Bench: Justice Sureshwar Thakur, Justice Vikas Suri
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