HARDEO PASWAN Vs. JHARKHAND STATE HOUSING BOARD

JUDGEMENT

(1.) The present writ petition has been filed for quashing the orders dated 20.9.2006 passed by the Jharkhand , whereby the allotment of House Nos.LT-1, LT-2, LT-60, LT-61 & LT-67 respectively earlier made to the petitioners, respectively, vide order nos.2113, 2112, 2107, 2103 & 2140 all dated 18th April, 1994 has been cancelled. Further prayer has been made for issuance of a direction upon the respondent-Jharkhand State Housing Board to forthwith execute the agreement in pursuance of the allotment made to the petitioners on payment of the price mentioned in the orders of allotment of the said houses along with suitable interest.

(2.) Learned counsel for the petitioners submits that the aforesaid houses were allotted to the petitioners being the members of economically weaker section. At the time of allotment of the said houses, the cost of the same were about Rs.1,33,120/- each. Since the houses were under damaged condition, the petitioners requested the competent authority of the then Bihar State Housing Board to get those repaired so that the petitioners could enter into the agreement with the Board in pursuance of the allotment, however, no action was taken by the Bihar State Housing Board in this regard. It is further submitted that no basic civil amenity was also provided in the said houses. After creation of the Jharkhand State Housing Board, the petitioners approached its Estate Officer for execution of the agreement in pursuance of the allotment made in their favour. However, vide order dated 27th November, 2006 the Estate Officer informed the Executive Engineer, Jamshedpur Division, Jamshedpur that the allotments made in favour of the petitioners have already been cancelled by different letters issued on 20th September, 2006. It is further submitted that the petitioners have never been served with the said letters issued by the Estate Officer dated 20th September, 2006. Nonetheless, the petitioners have challenged the same in the present writ petition.

(3.) Learned counsel for the petitioners further submits that subsequently the Executive Engineer vide letter dated 30th December, 2006 informed the Estate Officer, Jharkhand State Housing Board that the petitioners are ready to pay the value of the houses at the rate of Rs.4,56,782/- per house and are ready to execute the agreements. The Executive Engineer also suggested that it would be appropriate to restore the allotment made in favour of the petitioners. Thereafter, the Executive Engineer vide letter dated 22nd November, 2008, requested the Estate Officer, Jharkhand State Housing Board, Ranchi for recalling the orders of cancellation of allotments, suggesting that the restoration of the allotments would be in the interest of the Board. However, despite several requests made by the Executive Engineer, the cancellation of allotments made vide different letters dated 20th September, 2006 has not been recalled by the Jharkhand State Housing Board, which is highly unjustified and arbitrary.