BIBHASH CHANDRA MISHRA Vs. JHARKHAND STATE HOUSING BOARD

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order as contained in memo no. 458/Aa dtd. 15/4/2015 (Annexure- 5 to the writ petition) issued by the respondent no. 2 - the Managing Director, Jharkhand State Housing Board, Ranchi, whereby allotment of Low Income Group Flat No. R302 (hereinafter referred to as "the said flat") situated at Harmu Housing Colony, Ranchi in favour of the petitioner vide letter no. 593/Aa dtd. 25/10/2002, has been cancelled. Further prayer has been made for issuance of direction upon the respondents either to allow the petitioner to stay in the said flat on monthly rental basis as per the agreement of allotment executed between the parties on 24/1/2003 or to make allotment of the said flat in favour of the petitioner on Hire Purchase basis since he has incurred considerable expenses in maintaining the said flat. The petitioner has also prayed for quashing the order dtd. 22/6/22 (Annexure-11 to the writ petition) passed by the respondent no. 4 - Competent Authority, Jharkhand State Housing Board, Ranchi whereby he has been directed to vacate the said flat.

(2.) Learned counsel for the petitioner submits that various houses/flats under the jurisdiction of Jharkhand State Housing Board (JSHB) remained un-allotted for years after construction which were also in unauthorized occupation and during the year 2002, it was not possible for the JSHB to allot or sale such houses/flats permanently, due to which their condition were deteriorating as well as no revenue was being received by the Board from such houses/flats. Hence, in order to save those from further deterioration as well as to get rid of unauthorized occupants, the petitioner was allotted one of the flats i.e., LIG-R-302 at Harmu Housing Colony, Ranchi on monthly rental basis vide letter no. letter no. 593/Aa dtd. 25/10/2002 issued under the signature of the respondent no. 2. Thereafter, on deposit of advance rent, an agreement for the said flat was executed between the petitioner and the respondent no. 3 - the Executive Engineer, Jharkhand State Housing Board, Ranchi on 24/1/2003 and vide memo no. 96 dtd. 25/1/2003, possession of the same was directed to be handed over to the petitioner which was occupied by him on 8/2/2003. Since then, the petitioner has been residing in the said flat and is paying monthly rent to the Board. Surprisingly, a show cause notice was issued to the petitioner by the respondent no. 2 vide memo no. 549 dtd. 1/4/2015 calling upon him as to why allotment of the said flat be not cancelled and the same be not vacated considering that the allotment made on 25/10/2002 was against the provisions of clause 2(xi) and (xx), 6, 7 and 25 (i), (ii) and (iv) of the Jharkhand State Housing Board (Management and Settlement of Residential Real Estate) Regulations, 2004 (hereinafter referred to as "the Regulations, 2004"). The petitioner submitted his reply before the respondent no. 2 on 11/4/2015 stating that when the flat was allotted to him, it was in dilapidated condition and he had to incur considerable expenses in renovating the same with the consent of the Board and as such, the said flat may be allotted to him on hire purchase basis. However, the respondent no. 2 arbitrarily cancelled the allotment of the said flat vide memo no. 458/Aa dtd. 15/4/2015. The respondent no. 3 issued Notice No. 445 dtd. 9/5/2015 to the petitioner under Sec. 83(A) of the Jharkhand State Housing Board Act, 2000 (hereinafter referred to as "the Act, 2000") and directed him to vacate the said flat within 10 days as well as to deposit penalty with the respondent no. 3 for the damages caused due to said unauthorized occupation, failing which a case would be registered against the petitioner before the respondent no. 4 under Sec. 59 of the Act, 2000 for removal of unauthorized occupation and payment of damages.

(3.) It is further submitted that the petitioner cannot be said to be in unauthorized occupation as he has not violated any of the conditions of his tenancy and the allotment has been cancelled unilaterally without terminating the agreement dtd. 24/1/2003 executed between the parties. Thereafter, Eviction Case No. 121 of 2015 was filed by the respondents against the petitioner before the respondent no. 4, wherein a show cause notice as contained in memo no. 1668 dtd. 5/8/2015 was issued to the petitioner calling upon him as to why an order of eviction from the said flat be not passed considering that his occupation was unauthorized since 15/4/2015 i.e., the day on which the allotment of the flat was cancelled. After almost seven years of issuance of pervious notice, the respondent no. 4 again issued notice dtd. 27/5/2022 to the petitioner for appearing before him on 2/6/2022 at 11:30 a.m., failing which an ex-parte order would be passed. Thereafter, the petitioner appeared before the said respondent and informed about pendency of similar matters before this Court, however, the petitioner was served with order dtd. 22/6/2022 passed by the respondent no. 4 in Eviction Case No. 121/2015 directing him to vacate the said flat within 30 days as well as to pay the amount of damages, failing which the same would be vacated through the assistance of district administration by deputing magistrate and police force and the entire cost incurred in vacating the said flat would be recovered from the petitioner.