SANJAY KUMAR CHAMARIA Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) WITH the consent of the parties this application is being disposed of at the stage of admission itself.

(2.) HEARD learned Counsel for the parties.

(3.) THE facts which are not in dispute are that in the year, 1989 the Board made an advertisement in local newspaper inviting applications of allotment of the houses/flats constructed by it under different schemes including integrated subsidised house scheme for economically weaker people of the society having income of upto Rs. 9, 240/- per annum. A copy of the said advertisement has been annexed as Annexure-1 to the writ application. The petitioners applied for the allotment of flats/houses constructed in the town of Dhanbad under the aforesaid scheme and each of them deposited Rs. 3, 000/- as earliest money in terms of advertisement. On 19.3.1990 a lottery was held as per terms of the relevant rules at town Hall of Dhanbad for the allotment of the flats/houses to the applicants under the aforesaid scheme and the houses/flats were allotted to the applicants including petitioners and thereafter letters were issued to the allottees including the petitioners by respondent No. 2 stating therein the specific plots allotted to the petitioners in the said lottery. It was also mentioned therein that the allotment order will be issued to them after completion of the other formalities. Copy of the said letters issued to the petitioners have been annexed as Annexure-2 series. According to the petitioners, thereafter no formal order of allotment was issued to them nor possession was given to them by the Housing Board. Although the flats were constructed in 1989 but were incomplete in the sense that no sanitary fittings and other amonities were provided therein. The said flats were illegally occupied by encroachers and on 26.6.1992 the local administration at the request of the Housing Board got vacated the aforesaid flats/houses. However, the petitioners were forced to sign a letter on 26.6.1992 wherein incorrect facts were mentioned that the petitioners were in illegal possession of die flats/houses in question and on 26.6.92 (hey vacated the flats/houses and after issuance of allotment order they will abide by terms and conditions as mentioned in the allotment order. According to them, they were never in possession prior to 26.6.92 and on that day only they were given possession of the flats in question.