MADHUCA SINGH Vs. JHARKHAND STATE HOUSING BOARD

JUDGEMENT

(1.) THIS writ petition has been filed by way of Public Interest Litigation wherein petitioners have prayed for issuance of appropriate writ for quashing the allotment letter dated 16.1.2008 issued by the Jharkhand State Housing Board, Ranchi whereby a piece of land has been allotted in favour of Hindustan Petroleum Corporation Limited for opening of a fuel outlet and further for an order directing the respondents to ensure that septic line located in the land allotted to the Corporation may not be disturbed. According to the petitioners, in the left over land there is a proposed road or proposed sewerage tank, sewerage line, water outlet, etc. According to the petitioners, respondent No. 5 -Housing Board in an arbitrary manner allotted the land to the respondent - Corporation for opening of a fuel outlet.

(2.) IN the counter affidavit filed by the respondents -State and the Housing Board it is stated, inter alia, that in the years 1964 -66, septic tank was constructed but for the last 20 years it is dead and not being put to use and the same does not exist as on today. Respondents' case is that all the allottees while constructing their residential houses have constructed their individual soak -pit in their houses. Respondents' further case is that while constructing petrol pump, respondent No.5 - Corporation diverted one drain passing through the said land. Respondents' further case is that the land in question is not situated inside Harmu Housing Colony, but it is situated adjacent to the National Highway No. 75.

(3.) I do not find much force in the submission of learned counsel. The Housing Board is empowered under the Bihar State Housing Board Act, 1982 to frame schemes for the purpose of allotment of land for the construction of house and also for providing amenities. For better appreciation, Section 29 of the said Act is quoted hereunder: ''