YOGENDRA SINGH Vs. JHARKHAND STATE HOUSING BOARD

JUDGEMENT

(1.) The present writ petition has been filed against the notice dated 25.03.2010 issued by the respondent no. 3 - the Estate Officer, Jharkhand State Housing Board, Ranchi, whereby the petitioner has been directed to deposit a sum of Rs. 86,285.65 towards the penalty for illegal encroachment of 562.50 sq.ft. land for the period from 24.05.1987 to 31.12.2009. Further prayer has been made for execution of sale deed in favour of the petitioner with regard to Plot No. C-107.

(2.) Heard the learned counsel for the parties and perused the materials available on record.

(3.) The factual matrix of the case is that the petitioner applied for allotment of MIG plot in pursuance of which the erstwhile Bihar State Housing Board vide its letter dated 24.04.1987 allotted Plot No. C-107 to the petitioner and the cost of the plot was tentatively determined as Rs. 20,710/-. An agreement to that effect was executed on 16.05.1987. Subsequently, the respondent no. 2 - the Managing Director, Jharkhand State Housing Board, Ranchi vide letter dated 19.10.2002 asked the petitioner to deposit an amount of Rs. 21,568/- towards the balance amount of principal and interest accrued thereon till 31.10.2002 for the said plot which the petitioner deposited on 26.10.2002. The dispute arose when the Executive Engineer of the Housing Board physically verified the Plot No. C-107 before final handing over the same to the petitioner. The inspection report dated 22.10.2003 submitted by the Executive Engineer indicated that the petitioner was found in excess possession of 562.50 sq.ft. of land in place of 3000 sq.ft. allotted to him. The Executive Engineer of the Jharkhand State Housing Board vide his letter dated 22.10.2003, however, recommended the respondent no. 2 to allot the said extra land in favour of the petitioner.