SHIV SAGAR TIW ARI versus UNION OF INDIA AND ORS.

Citation: [1996] SUPP. 10 S.C.R. 925 · Decided: 23-12-1996 · Supreme Court of India · Bench: KULDIP SINGH, B.L. HANSARIA · Disposal: Disposed off

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Judgment (excerpt)

SHIV SAGAR TIW ARI 
A 
v. 
UNION OF INDIA AND ORS. 
DECEMBER 23, 1996 
[KULDIP SINGH AND B.L. HANSARIA, JJ.] 
B 
Constitution of India, 1950 : Articles 21 and 32. 
Housing Scam-Government residential quarters-Arbitrary Allotment 
of-Large-scale out-<?f-tum allotments on 'Special Compassionate Ground' C 
category in Delhi-Three-member Committee-Headed by Shri D.P. Gupta 
(the then Solicitor General for India) to 'further examine all the aspects of 
the matter and look into complaints and suggestions received from any 
/quarter-Constituted-Committee submitted report to Supreme Court after 
hearing allottees concerned-Held : All persons whose names did not find D 
place in Gupta Committee reports under Categories Iv, VI, IX, X, XI and 
such of Category VII not entitled to in- tum allotment would face evic-
tion-IAS, JPS, IFS and other officers occupying General Pool quarters, 
though eligible to quarters in Tenure Pool would be evicted-Out-of-tum 
allottees in illegal occupation of Type III quarters would pay twice the licence 
fee and those of Type IV and above thrice the licence fee-Those denied E 
in-tum allotments to be suitably compensated out of the licence fee recovered 
from out-of-tum allottees-Disctetionary quota to be 5% out of which allot-
ment could be made to freedom fighters, eminent artists, social workers and 
organisation or institution or other defined category of persons-Allotm(!nt to 
be made to journalists out of Press Pool as per guidelines framed--Political F 
parties entitled to allotment as per policy framed-President, Vice-President 
and Prime Minister to be accommodated in Government premises after; 
demitting of office-Action to be taken against Government seniants who had 
sub-let their premises-Earmarked quarters to be made available to high 
Constitutional functionaries-Orders and directions issued in respect of the G 
aforesaid aspects-Service Law-Fundamental Rules (framed under Art. 309 
proviso), FRs. 5-A, 45-V(b), 45- A-Supplementary Rules (as permitted by 
! 
FR 45), SRs. 317-B-11, 12, 20, 21, 22-Allotment of Government Residences 
(General Pool in Delhi) Rules, 1963, R.15-A-Housing Scam. 
Article 21-Right to shelter-Held : fell within the ambit of Art. 21. 
H 
925 
926 
SUPREME COURTREPORTS[1996] SUPP.10 S.C.R. 
A 
Administrative Law : 
B 
Discretionary Power-Held: To be exercised to advance the purpose to ,, 
sub-serve which, the power existe<J.,.-Even a Minister, if he/she was the 
repository of discretionary power, could not claim that the discretion was 
unfettered. 
Natural justic~Allotment of Government residential quarters in 
Delhi-Large-scale out-of-tum allotment-Writ petition against-Filed in 
Supreme Court-Public notice published in newspapers to enable such allot-
tees to represent be/ ore Supreme Court why their allotments should not be 
C cancelle<J.,.-Committee appointed to examine and report to Supreme 
Court-Held : In the circumstances of the case, collective personal hearing 
given by Supreme Court was sufficient compliance with the principles of 
natural justic~Supreme Court was last f arum for redress al of grievance and 
seized of the matter under Art. 32-Hence, it was not necessary to relegate the 
.D 
E 
allottees to the Estate Officer--<:onstitution of India, 1950, Art. 32. Natural 
justice--Notic~Published in newspapers-To enable out-of-tum allottees of 
Govemment residential quarters in Delhi to represent be/ ore Supreme Court 
against proposed cancellation of allotments-Sufficiency of-Held.: All allot-
tees being in Delhi and well educated, newspaper publication was definitely 
sufficient. 
Natural justic~Basic facets of-Held: Requirements of natural justice 
could be moulded. 
Service Law : 
F 
' Govemment residential quarters-Out-of-tum allottee-Payment of 
damages-Held : liable to pay damages. 
The petitioner filed a public interest petition, which represented the 
scenario of what had come to be known as Housing Scam regarding 
allotment of residential quarters. There were large-scale out-of-turn allot-
G ments on 'Special Compassionate Ground' category in Delhi. Public notice 
was issued to such allottees to enable them to represent before this court 
as to why their allotments should not be cancelled. A three-mP-mber 
Committee headed by Shri D.P. Gupta (the then Solicitor General for 
India) was constituted to "further examine all the aspects of the matter 
H and look into the complaints and suggestions received from any quarter". 
SHIV SAGAR TIWARi

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