MUNDRIKA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEARNED Advocate Mr Mahendra Prasad Gupta is not present on call. This petition under Article 226 of the Constitution has been filed by the petitioner against the allotment of land by the respondent Bihar State Housing Board (hereinafter referred to as the Board).

(2.) IT appears that pursuant to the advertisement published by the Board the petitioner had applied for allotment of a plot of land in the Higher Income Group in the housing project at Digha, Patna undertaken by the Board. The petitioner paid the registration fee of Rs. 50.00 and the Earnest Money Deposit of Rs. 5,000.00. Nearly ten years after the deposit of the Earnest Money, under allotment letter dated 26th September 1991, the petitioner was allotted a piece of land, Plot No. 5H/150, admeasuring 1875 Sq. Ft. in the aforesaid Digha housing project. Under the letter of allotment, the petitioner was called upon to pay the first instalment of Rs. 35,530.00 and the remaining money in sixty monthly instalments. Feeling aggrieved by the allotment of the plot no. 5H/150, admeasuring 1875 Sq. Ft., and the price determined by the Board, the petitioner has filed the present petition. According to the petitioner, under the scheme framed by the Board, the Board had to offer a plot of land admeasuring 3600 Sq. Ft. (450 sq. mt.). The petitioner was, therefore, entitled to a plot of land admeasuring 3600 Sq. Ft. (450 sq. mt.). According to the petitioner, the price of the land determined by the Board was exorbitant and that the Board was under obligation to allot land at the cost price. The petition is contested by the Board. The Board has filed counter affidavit to point out that the Board is facing several litigations in respect of acquisition of land and on other issues. IT appears that large part of the land acquired for the housing purpose was eventually encroached upon by the land sharks leaving limited space to accommodate the legitimate applicants. The applicants of land in the Higher Income Group were allotted smaller plots of land admeasuring 1875 Sq. Ft.