Satya Narayan Ray vs Jharkhand State Housing Board

Mr. Aparesh Kumar Singh, J. - Heard counsel for the petitioner and the respondent-Board.

By the impugned notice at Annexure-5 dated 16th November, 2016 bearing no.2164 issued by the respondent no.4 petitioner has been asked to remove unauthorised occupation within a period of 10 days on an area of 98.32 Sq.mtr. in Adityapur Residential Colony, Jamshedpur, failing which proceedings under the Jharkhand Housing Board Act, 2001 Section 59 would be initiated and the unauthorised construction would be removed and the cost expended therein shall also be realized. Petitioner admittedly claims allotment of a piece of land bearing no.188/2-3 as per allotment letter (Annexure-1) and agreement at Annexure-2 dated 1st October 1988 and 14th July 1994 respectively.

Petitioner contends that the plot adjacent to his plot is a cut plot. Petitioner, however, has also contended that it has not violated any of the terms and conditions of the hire-purchase agreement and has not made any alteration/encroachment. He has never used the quarter allotted to him for any commercial purposes. However, he has been surprised with the impugned notice which contains no specification as to the extent and area of the plot alleged to be encroached. Petitioner has alternatively also made prayer for directing the respondents to consider his case for allotment of cut plot situated adjacent to his residential premises in his favour as per the provisions of Jharkhand State Housing Board (Management and Acquaintance of Residential Estate) Regulation, 2004 at a reasonable rate instead of putting it for general allotment through lottery.

Counsel for the respondents-Board Mr. Sachin Kumar submits that the map enclosed at page-39 would clearly show that the plot adjacent to the plot on the southern side of the petitioner''s plot is not allotted to any one else and the impugned notice must be referring to the said vacant plot on which certain encroachment has been done by the petitioner. The other two plots at east and west are houses and at north there is a lane. He, however, is not able to meet the contention of the petitioner that the impugned notice lacks any specification or description of the plot said to be encroached. It is further submitted on his behalf that due measurement of the plot can be taken in presence of the petitioner and proceedings in the matter would be undertaken against the person liable for such encroachment.

Considered the submissions of the parties in the light of the relevant facts pleaded. It is evident from the impugned notice that it lacks description and specification of the area under encroachment. At this stage it is, therefore, proper to remit the matter to the respondent no.4- the Executive Engineer, Jharkhand State Housing Board, Jamshedpur to undertake the exercise of measurement of the plot under encroachment in the presence of the petitioner or any other adjacent plot holder to ascertain the encroachment on the vacant plot. On such exercise being undertaken if the respondent no.4 finds any encroachment on the vacant plot of the Housing Board by the petitioner or any other person it would be open for him to take action in accordance with law. Writ petition is accordingly disposed of. Impugned notice at Annexure-5 shall have no legal effect in view of the order passed herein above.

Petitioner is at liberty also to make a request for allotment of any such plot adjacent to its plot, if permissible in law.