LAWS(JHAR)-2002-10-10

SURENDRA PRASAD Vs. BIHAR STATE HOUSING BOARD

Decided On October 31, 2002
SURENDRA PRASAD Appellant
V/S
BIHAR STATE HOUSING BOARD Respondents

JUDGEMENT

(1.) IN this writ application the petitioners seek appropriate Direction upon the respondents to make allotment of Low Income Group (LIG) residential plots at Harmoo Housing Colony, Ranchi for which the petitioners had applied as early as in the year 1977 and to complete all the formalities.

(2.) PETITIONER 's case is that purlsuant to the advertisement published by the Bihar State Housing Board in the newspaper dated 21.11.1976 they applied for LIG flats at Harmoo Housing Colony. As per the requirements they deposited Rs. 500/ - each alongwith prescribed applications form in the different months of the year 1976. It is contended that through a letter dated 17.3.1978 issued by the Board seeking some information from the petitioner No. 3 which was said to have been complied in 1978 itself. It is alleged that from, 1977 till 1994 a large number of correspondence was made by the petitioner to the respondents but without any fruitful result and they were not allotted plots.

(3.) MR . M.S Anwar, learned senior counsel for the petitioner firstly contended that the action of the respondent Board in not allotting piece of land/plot to the petitioners is illegal and arbitrary inasmuch as all the petitioners admittedly applied for LIG flats in 1977 and completed all the formalities. Learned counsel submitted that as a matter of fact many unauthorized persons have encroached several plots in connivance with the employees of the Board and that was the reasons the Board became unable to make allotment of plots to various applicants including the petitioners. Learned counsel submitted that the Board itself approached this Court by filing CWJC No 1546 of 1994 (R) seeking direction upon the respondent State of Bihar for giving assistance to the Board for removing the encroacher and for giving vacant possession of the plots which have been allotted to the concerned successful allottees.