NEERAJ KATARUKA Vs. THE BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) The petitioner was allotted plot No. 8H/240 situated at Digha, Patna measuring an area of 1875 Sq. ft. in the year 1991 and he made requisite payment but till date the possession of the land has not been given. Counsel for the Housing Board submits that due to encroachments of land in the area, the possession of such plot could not be made to the respective allottees despite best efforts of the Board.

(2.) In such circumstances the petitioner prays for refund of the amount with interest in terms of order dated 1.3.2012 passed by a learned Single Judge in Anant Jha vs. The State of Bihar & Ors. in C.W.J.C. No. 10728 of 2005 Reported in : 2012 (2) PLJR 568, relying upon Division Bench order in the case of Nitendra Prasad Sinha vs. The Chairman-cum-Managing Director, 2011 4 PLJR 219.

(3.) It appears that in the said case, the Housing Board was respondent Nos. 2 to 3 and the petitioner of that case was too not given possession of the plot situated at Digha, Patna. This court after considering the Digha Acquired Land Settlement Act, 2010 (Bihar Act 14 of 2010) disposed of the aforesaid writ application with a direction to the respondent Board to refund earnest money paid by the petitioner (Anant Jha) along with simple interest @ 5% per annum as per the statutory provision contained in Regulation 45 of the Bihar State Housing Board (Management and Disposal of Housing Estates) Regulation, 1983 to be calculated from the date of its deposit till the date of its refund. The court further observed that the disposal price/cost of the plot deposited by the petitioner be refunded along with an interest at the rate of 12% per annum to be calculated at quarterly rest from the date of its payment by the petitioner till the date of its refund.