LAWS(PAT)-2016-7-145

THE BIHAR STATE HOUSING BOARD THROUGH ITS MANAGING DIRECTOR, MANGLES ROAD, PATNA Vs. CHITALEKHA SINGH, WIFE OF LATE SHREE NARAYAN SINGH, R/O MOHALLA

Decided On July 14, 2016
The Bihar State Housing Board Through Its Managing Director, Mangles Road, Patna Appellant
V/S
Chitalekha Singh, Wife Of Late Shree Narayan Singh, R/O Mohalla Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The order dated 5th of Dec., 2012 passed by the learned Single Bench of this Court in C.W.J.C. No. 16381 of 2008 is subject matter of challenge in the present Letters Patent Appeal wherein, the writ application has been allowed with a direction to the appellants to refund the money deposited by the original petitioner for allotment of piece and parcel of land along with interest at the rate of 12 per cent per annum to be calculated at quarterly rest from the date of its payment till the date of its refund.

(3.) The sole argument raised by the learned counsel for the appellants is that in terms of the Digha Acquired Land Settlement Act, 2010 (hereinafter referred to as the Act), the Board is liable to pay compound interest at the rate of 8 per cent per annum from the date of its deposit till the date of refund. Therefore, the direction of the learned Single Bench to pay interest at the rate of 12 per cent per annum runs counter to the specific provisions of the Statute.