SURENDRA CHAUDHARY Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 17.08.2015 whereby, the claim of the appellant for possession of plot in view of the allotment vide letter of allotment dated 21st of October, 1997 (Annexure-2) remained unsuccessful.

(2.) Bihar State Housing Board (for short "the Board") acquired the land measuring 1024.52 acres of land for the purpose of implementation of the scheme for urban housing facilities. But the scheme could not proceed as there was unauthorized occupation upon the land measuring 600 acres. But without realizing the unauthorized occupation of the plot, the Board made allotment to the various persons. The appellant is one of the allottees of the land which was acquired by the Board for the purpose of implementation of the scheme.

(3.) Faced with the difficulty of giving possession to the allottees, the State came up with The Digha Acquired Land Settlement Act, 2010 by which the allotments were annulled except all those allottees who have constructed residential or commercial buildings. The provisions of Sections 5, 6 and 7 of the Act reads as under: