RAMESH CHANDRA KAITHAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition is filed for declaring that Clause (ii) of Rule 30 of the Jharkhand State Housing Board (Management & Acquaitance of Residential Estate) Regulation, 2004 (for short Regulation) as ultra vires the provisions of Parent Housing Board Act of 2000 - Jharkhand Housing Board Act, 2000 whereby a provision has been made for fixation of commercial price for allotment of cut/surplus plot with conditions of one -time payment and that it cannot be used for commercial purpose. The petitioner also seeks for quashing the letter No. 886 dated 12 -05 -2011 so far the price of the plot in question and terms of onetime payment is concerned. Brief facts: - The petitioner has been allotted a plot bearing No. 183 for an area 2400 sq. ft. at Harmu Residential Colony, Harmu Ranchi vide letter No. 723 dated 08 -05 -2010 the petitioner was directed to deposit Rs. 2,39,753/ -within 30 days and the rest amount of Rs. 5,59,424/ - in 60 equal monthly installments and the petitioner paid the cost of the plot No. 183. As per clause 11 of the letter dated 08 -05 -2010, the allotted plot can be used only for 'residential' purpose and it cannot be used for commercial purpose.

(2.) ADJACENT to the said plot No. 183, there is a cut plot. The petitioner applied for allotment of the said cut plot as per clause (iii) of Rule 30 of the Regulation fixing the price of the plot at commercial rate. Vide letter No. 886 dated 12.5.2011, the cut plot was allotted to the petitioner and the petitioner was asked to deposit Rs. 22,05,000/ - for the said plot before 30.6.2011 in a single installment. As per clause 11 of the said letter, the petitioner cannot use the cut plot for commercial purpose although the petitioner would have to pay the price at commercial rate for the said cut plot.

(3.) DURING the pendency of the writ petition, the cut plot allotted to the petitioner was cancelled by letter dated 13.08.2011. The petitioner filed amendment application for quashing the letter No. 1899 dated 13.8.2011, whereby the respondent -Board had cancelled the allotment of cut plot to the petitioner.