(1.) THE grievance of the petitioner appears to be that long years back, he had purchased a dream from the Housing Board which is turning out a nightmare as the Housing Board in its turn respecting the assurance in favour of the petitioner did not hand over peaceful, vacant and habitable possession of the flat. After the petitioner had approached this Court a notice was issued to the Housing Board, after receiving the said notice the Housing Board appeared and submitted to this Court that possession of the properly shall be handed over to the petitioner. Some whitewash was done in the premise on the wall and some minor repairs were carried out to provide foundation to submit before this Court that the house was in habitable condition and the Housing Board was ready and willing to give possession of the property. The petitioner thereafter inspected the premises, was shocked and surprised when he learnt that the house was in bad shape. The whole building was occupied by the anti -social elements and but for small repair and some whitewash nothing important was done in the flat to make that habitable. Along with his rejoinder/additional affidavit the petitioner filed number of photographs to show the pitiable and dilapidated condition of he building.
(2.) CONFRONTED with the additional arms with which the petitioner is now armed the respondent through their Counsel submits that in Block No. 12 as many as 256 MIG Flats were constructed, 18 flats were allotted and as many as 238 flats are in possession of the unauthorised occupants. To come out of this sorry State of affairs the respondent -Housing Board submits that time and again the officers of the Housing Board made complaints to the State authorities, requested the District Magistrate and the police authorities to provide them police force, etc. for evicting the unauthorised occupants but nothing was done by them.
(3.) IT is high time not only for the Housing Board but for the State Government to see that the unauthorised occupants are thrown away from such houses, buildings and land because on one side the Housing Board or the State by not taking action against the wrong, doer provides premises in their favour while on the other side the law -abiding persons have to rush from pillar to post. The framers of the Constitution must never have anticipated such a lawlessness where the criminals or alike would enjoy the bounty and honest citizens will have to rush to the Court and have to enter into long -drawn litigation which may prove to be futile and infructuous.