MANVINDER SINGH BHATIA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by order dated 16.03.2015 passed by the Managing Director, Jharkhand State Housing Board whereby, allotment of plot vide, order contained in allotment letter dated 25.02.2008 has been cancelled, the present writ petition has been filed.

(2.) The petitioner, an awardee of the President's Police Medal for meritorious services was posted as Superintendent of Police in different naxal affected areas of the State of Jharkhand. The petitioner is an Indian Police Services Officer who has been allotted Jharkhand Cadre. The petitioner submitted an application to the respondentHousing Board for allotment of a piece of land and, in the light of Board's decision dated 08.11.2007 he was allotted a plot situated between H118 and H119 at Harmu Housing Colony vide, order contained in allotment letter dated 25.02.2008. The total consideration amount for the said plot was Rs. 9,89,600/ for which the petitioner obtained loan from Allahabad Bank, Doranda Branch for payment to the Housing Board. The petitioner deposited the entire amount on 14.03.2008 against a money receipt issued by the respondentHousing Board. Subsequently, a HirePurchase agreement was executed on 23.05.2008 which has been duly registered and possession of the said piece of land has been handed over to the petitioner vide, possession letter dated 28.05.2008. Since the piece of land which was allotted to the petitioner was low lying and marshy land and had trenches, the petitioner got the same filled up and constructed a boundary wall. However, after developing the said land by investing huge amount of money before the petitioner could construct a house, a showcause notice dated 27.02.2015 was served upon the petitioner for cancellation of the said land.

(3.) Mr. Rahul Kumar, the learned counsel for the petitioner raised manyfold contentions namely; (i) the Managing Director has no authority to cancel the allotment vide, allotment letter dated 25.02.2008 which was issued in terms of Board's decision dated 08.11.2007, (ii) the subsequent decision of the Board dated 07.04.2015 approving the decision of the Managing Director cancelling the allotment in favour of the petitioner would not sanctify order dated 16.03.2015 passed by the Managing Director which is otherwise illegal and without jurisdiction and the Board is not constituted in terms of Section 4 r/w Section 11 of the Jharkhand State Housing Board Act, 2000, (iii) in the garb of cancellation of allotment the conditions under the HirePurchase agreement cannot be avoided and, (iv) the impugned order dated 16.03.2015 suffers from bias and malice in law besides, delay and laches on the part of the respondents and the petitioner who has become owner of the land, deserves equitable relief from this Court.