The Housing Board's cancellation of plot allotment was invalid due to lack of notice and failure to follow due process, violating principles of natural justice.

JUDGMENT :

(Sandeep Kumar, J.)

In this case, the petitioner has challenged the order dated 11.11.2011 passed by the Bihar State Housing Board, whereby the allotment of plot No. 6H/65 situated at Bahadurpur Patna Sector-06 in favour of the mother of the petitioner has been cancelled on account of non-construction of building and also to allot the aforesaid plot in favour of the petitioner after substituting his name in place of his deceased mother.

2. The facts of this case are that the mother of the petitioner got herself registered with the Bihar State Housing Board (for short “the Housing Board) in the year 1980 for allotment of a plot of land vide registration no.196511 and had also made an advance payment of Rs.5,000/- on 26.12.1981 and 27.05.1981 along with the necessary documents with the Housing Board. When the original allottee was found eligible, she was allotted a plot bearing no. CH/27 in Sri Krishna Nagar, Patna admeasuring 2.91 khatas of land vide letter dated 16.01.1982 and she was directed to make payment of Rs.1840/-by 31.01.1982, which the original allottee duly complied and deposited the said amount on 29.01.1982 and therefore the allotment stood confirmed. Despite the allotment letter being issued, the Housing Board did not execute the formal deed of agreement for the allotment of the said plot. Thereafter, the husband of the original allottee wrote a letter on 08.07.1982 to the then Chairman of the Housing Board requesting for completion of the necessary formalities. In response to the said letter, it was replied that no allotment of plot/house is being done as the same has been deferred at present and can only be processed after August, 1982. Thereafter, on 16.09.1982 the Housing Board published a notice in the local daily ‘Search Light’, directing all the applicants of different categories of plots to furnish full information once again to update the files and avoid any detriment to any applicant on account of any omission. In pursuance of the said notice, the original allottee supplied all requisite documents on 22.09.1982 and the same was acknowledged vide receipt no.40791 issued by the Housing Board dated 28.09.1982.

2.1. Despite completion of all necessary formalities, the Housing Board did not execute the deed of agreement but again on 17.04.1986 published a notice in the local daily newspaper namely, ‘Indian Nation’ requiring all applicants, who were allotted plot under the Chairman’s quota between February 1981 and January 1982, to furnish all information along with relevant documents within fifteen days of publication of the notice. In pursuance of the said notice, the original allottee once again furnished all the information along with relevant documents to the Housing Board but, no fruitful action was taken by the Housing Board.

2.2. The Housing Board in its 121st meeting held on 13.09.1988 considered the application pressed by Shri Awadh Bihari Singh, Minister of the State, Housing, requesting change of his allotted plot from CH/22 to CH/27, which was previously allotted to the mother of the petitioner. Being aggrieved by the inaction on the part of the Housing Board and non-execution of deed and non-delivery of possession as well as allotment of plot no. CH/27 to Shri Awadh Bihari Singh, the mother of the petitioner filed C.W.J.C. No.458 of 1989 before this Court and this Court vide order dated 15.12.1989 directed for interim stay on allotment of the said plot. Despite the interim stay order dated 15.12.1989, the Housing Board transferred the Plot No. CH/27 situated at Sri Krishna Nagar to Postal Cooperative House Constructon Society. Thus, the original allottee was forced to prefer contempt petition vide M.J.C. No.72 of 2001 before this Court, which was disposed vide order dated 30.07.2001 with a direction to the Housing Board to find a suitable alternative plot in Sri Krishna Nagar and allot the same, if available, in favour of the original allottee within four weeks from the date of the order