MANIKANT JHA SON OF LATE RUDRANANDA JHA Vs. JHARKHAND STATE HOUSING BOARD THROUGH ITS MANAGING DIRECTOR

JUDGEMENT

(1.) The present writ petition has been filed for setting aside the order dated 23.05.2015 passed in Eviction Case No. 42 of 2013, whereby the Competent Authority, Jharkhand State Housing Board, Ranchi (respondent no. 3) has directed the Executive Engineer, Jharkhand State Housing Board, Jamshedpur Division (respondent no. 2) to recover compensation of Rs. 91,425/- from the petitioner till 31.10.2013 and thereafter for each day till vacation of the encroachment @ Rs. 20/- per day per 100 sq. meter and Rs. 50 per constructed 100 sq. meter with further direction to the respondent no. 2 to take possession of the encroached land from the hands of the petitioner with the help of local Administration, ignoring the fact that the said land does not belong to the Jharkhand State Housing Board. It is further prayed for issuance of direction upon the respondent no. 5 to take final decision regarding settlement of the land situated at Plot No. 1320, Khata No. 225, Mouza Ghagghidih, P.O and P.S - Bagbera, District - East Singhbhum in the name of petitioner or his son Sujit Kumar Jha.

(2.) Learned counsel for the petitioner submits that the petitioner constructed his house in Plot No. 1320, Khata No. 225, Mouza- Ghagghidih, P.O. and P.S.- Bagbera, District- East Singhbhum (hereinafter referred to as "the said land") which is a Gair Mazruwa land. An application of the petitioner's son namely, Sujit Kumar Jha, an army personnel was forwarded by his Commanding Officer vide letter dated 211.1998 to the Deputy Commissioner, East Singhbhum (respondent no. 5) for allotment of the said land in his favour. Again, Zila Sainik Kalyan Padadhikari, West Singhbhum vide letter dated 08.05.1999 requested the Circle Officer, Karandih (the respondent no. 6) to look into the matter of the petitioner's family on the basis of the application made by the petitioner's son regarding allotment of land in their favour. The office of the respondent no. 5 vide letter dated 26.08.2008 accepted that the land is a Government land, however, it was stated that there is prohibition on the settlement of the government land to any individual situated in urban and semi urban area. Thereafter, the petitioner made objection vide letter dated 109.2008 stating that the aforesaid land is a village land, therefore, there is no problem to settle the land in their favour. The petitioner again made request to the respondent no. 5 vide his letter dated 11.02013 to settle the said land in which they have been residing since long by constructing a house. However, the petitioner came to know that Eviction Case No. 42 of 2013 has been initiated by the Court of Competent Authority, Jharkhand State Housing Board, Ranchi for eviction of the petitioner from the said land. Thereafter, the petitioner appeared in that case on 18.05.2015, however, the respondent no. 3, without affording any time to the petitioner to file reply to the show cause notice, passed the order dated 23.05.2015 for removal of encroachment from the said land and for realization of compensation from the petitioner by observing that the petitioner failed to produce any document in support of his claim. The petitioner's son, thereafter, inquired about his pending application for allotment of the said land before the respondent no. 5 and came to know that the same is pending for want of documents.

(3.) The learned counsel for the petitioner further submits that though the application for allotment of the said land was kept pending by the respondent no. 5, the impugned order of removal of encroachment has been passed by the respondent no. 3 on erroneous description of land as the said land is not the property of Jharkhand State Housing Board. It is also submitted that the impugned order dated 205.2015 has been passed by the respondent no. 3 in violation of the principles of natural justice.