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SANJAY KUMAR DWIVEDI
Vijay Shankar Jha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Since in all these writ petitions a common question of facts and law are arisen and in view of that all these writ petitions have been heard together with consent of the parties.
2. In W.P.(C) No.4790 of 2023, the prayer has been made for quashing of the letter dated 27.06.2023 issued by the respondent Jharkhand State Housing Board whereby the respondent Jharkhand State Housing Board has charged compound interest over the plot to the petitioner.
3. The further prayer has been made for direction upon the respondent Jharkhand State Housing Board not to charge interest or compound interest over the actual allotment for which the payment has already been made in the year 2011 itself.
4. In W.P.(C.) No.5058 of 2023, the prayer has been made for quashing of the letter dated 18.08.2023 issued by the respondent Jharkhand State Housing Board whereby the respondent Jharkhand State Housing Board has charged interest or compound interest over the plot allotted to the petitioner.
5. The further prayer has been made for direction upon the respondent Jharkhand State Housing Board to accept the amount as asked to deposit by the respondent authority by the letter dated
The court directed the Housing Board to reassess penal interest charges, emphasizing the need for fairness in interest calculations for the petitioner.
[The court established that notices issued without proper authority under the Jharkhand State Housing Board Act, 2000, are invalid, and that allottees have a right to equitable treatment in the conte....
The principles of natural justice require that an allotment cannot be cancelled without due process, including notice and an opportunity to be heard.
Interest is payable only on the principal sum and not on the interest part of the award, unless specifically provided by statute or contract.
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