NARENDRA PRATAP PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The facts in nutshell are that in the year 1972 the Housing Board notified a Housing Scheme, the petitioner made an application and on 15.12.1978 deposited a sum of Rs. 5,000/- and his application in prescribed proforma along with his own affidavit. On 25.9.1991 the plot was allotted in favour of the petitioner. On 24.1.1996 the petitioner in accordance with the directions issued by the respondents deposited a sum of Rs. 35,530/- and thereafter an agreement was executed on 19,2.1996. It was agreed between the parties that the balance consideration would be paid by the petitioner in 40 equal instalments each of Rs. 2,165.30 paisa. The petitioner who purchased a dream sincerely hoped that the Housing Board, a creation of the State Government would act honest, would provide him the land so that he may build his dream house, went on depositing the instalments. The respondent Board knew well that the plot which has been allotted to the petitioner is under encroachment. Despite the personal knowledge of the facts no steps were taken to remove the encroachers and as an eye-wash an application was filed before the Estate Officer for removing the encroachment. Though the order has already been passed by the Estate Officer but the Housing Board feeling itself to be absolutely incompetent and powerless could not execute the order nor could dispossess the encroachers. The petitioner has filed the present writ application on 9.5.2000. The submission was that the respondents be asked to hand over the possession of the plot, the petitioner to show his sincerity even after filing of the writ application deposited the instalment amount and the respondents exhibiting their utter and absolute dishonesty proceeded to receive the instalment amount knowing well that they are unable to deliver the possession of the plot to the petitioner.

(3.) A show cause was asked. The respondents simply stated in it that a large chunk of land admeasuring 1024.51 acres at Digha, Patna was acquired, a amount of Rs. 8,33,43,958.20 was deposited with the Collector in the year 1982. The facts thereafter are that number of the persons challenged the acquisition, they came to the High Court in writ application, the writ application was dismissed, the LPA filed by the land owners were also dismissed and their appeals before the Supreme Court also proved futile. The Housing Board did not take any care of the property and during this period of litigation the original land owners went on executing sale-deeds in favour of third party and the said third parties, well within the knowledge of the Officers of the Housing Board went on constructing their houses on the acquired land. A sum of Rs. eight crores the public money was deposited by the Housing Board with the Collector as compensation money. The land undisputedly is under encroachment. On an earlier occasion in a different writ it was submitted before me that about 500 acres land is under encroachment while other 600 acres land is open. Unfortunately the respondent Housing Board even with the help and assistance of the administration, police and the might of the State Government is unable to maintain its possession over that area of 600 acres. The petitioner when claims a plot the respondents say that they are not in possession of the land therefore they are unable to hand over the possession. When the petitioner demands the money the respondents say that they may return the money with 5% interest.