Chandra Bhushan Pandey v. The State Of Bihar

8. Chandra Bhushan Pandey S/O Late Jamardin Pandey R/O Vill.- Farahada, P.O. Hathamalpur, P.S. Barahara, Distt.- Bhojpur (Arrah) 9. Dr. Indrawati Singh W/O Sri Dhirendra Prasad Singh R/O Kafira Sahael Co. Giri Road, Arrah, P.S. Arrah Hawaela, Distt.- Bhojpur (Arrah) 10. Bharosa Ram S/O Late Nanhak Ram R/O Vill.+ P.O. Sowan, P.S. Dumraon, Distt.- Bhojpur

11. Mithilesh Kumar Singh S/O Sri Krishna Singh R/O Vill.- Maharaja Huta Katgira, Arrah, P.O. Arrah P.S. Arrah, Distt.- Bhojpur (Arrah) 12. Inar Pari Devi W/O Late Madan Gopal Pandey R/O Vill.- Manichhapra, P.O. Manikpur, P.S. Burhura, Distt.- Bhojpur (Arrah) .... .... Petitioner/s Versus 1. The State Of Bihar through the Principal Secretary, Deptt. Of Housing and Urban Development, Govt. Of Bihar, Patna

2. The Bihar State Housing Board, Through Its Chairman, Mangles Road, Patna

3. The Managing Director, Bihar State Housing Board, Mangles Road, Patna

4. The Estate Officer-Cum-Joint Secretary, Bihar State Housing Board, Mangles Road, Patna

5. The Revenue Officer, Bihar State Housing Board, Mangles Road, Patna 6. The Executive Engineer, Bihar State Housing Board, Public Health Division, Patna

7. The Assistant Engineer-Cum-Sub-Divisional Office, Housing Board At Arrah, Distt.- Bhojpur .... .... Respondent/s ====================================================== Civil Writ Jurisdiction Case No.1965 of 2010 ====================================================== 1. Bhola Ram S/O Rampujan Ram, R/O Vill- Chaukipur, P.S Duwant Nagar, Distt- Bhojpur

2. Yogendra Daibipath, S/O Mun Mahesh Ram R/O Vill-Gaura, P.S Behea, Distt- Bhojpura 2 Patna High Court CWJC No.17872 of 2009 (11) dt.02-03-2012

3. Ram Narain Ram, S/O Late Rajeshwar Ram, R/o Vill- Prasauda, P.S Shahpur, Distt- Bhojpur

4. Lal Muni Ram S/O Lat Jagropan Ram R/O Vill- Daman Dehra, P.S- Dawath, Distt- Rohtas

5. Jai Mangal Prasad S/O Babu Nandan Ji R/O Vill- Dhobana, P.S Arrah, Moffasil, Distt- Bhojpur

6. Smt. Sushila Keshari W/O Shri Gopalji, Assistant Teacher, Ram Nagina Pandey High School, Babu Bazar, P.S Arrah, Sadar, Distt- Bhojpur 7. Smt. Vidya Rani Singh W/O Ram Kumar Himanshu R/O Vill-Koelwar, P.S- Koelwar, Distt- Bhojpur

8. Mahendra Prasad S/O Mun Mahesh Ram R/O Vill- Gaura, P.S Behea, Distt- Bhojpur .... .... Petitioner/s

1. The State Of Bihar 2. Bihar State Housing Board, Sardar Patel Road, Patna, Through Its Versus Chairman

3. The Managing Director, Bihar State Housing Board, Mangles Road, Patna

4. The Manager of the Estate-Cum-Joint Secretary, Bihar State Housing Board, Mangles Road, Patna

5. The Executive Engineer, Housing Board Incharge of Dalatpur Housing Scheme at Arrah, Bahadurpur, Patna- 20

6. The Assistant Engineer, Sub Divisional Officer, Housing Board, At Arrah, Distt- Bhojpur

7. Revenue Officer, Bihar State Housing Board, Sardar, Patel Road, Patna .... .... Respondent/s ====================================================== Appearance : (In CWJC No.17872 of 2009) For the Petitioner/s : Mr. Gopal Govind Mishra Mr. Vijay Kumar Mishra For the Respondent/s : Mr. (AAG8) Mr. (GP.19) (In CWJC No.1965 of 2010) For the Petitioner/s : Mr. Gyan Shankar Mr. Brajesh Kumar Mr. Brisketu Sharan Pandey For the Respondent/s : Mr. (Gp19) Mr. Ram Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 3 Patna High Court CWJC No.17872 of 2009 (11) dt.02-03-2012 11 02-03-2012 Heard learned counsel for the petitioners as well as Housing Board. The petitioners pray for quashing of the individual notices as contained in Annexure-17 and 18 Series thereto issued to them under the signature of respondent no.5, the Revenue Officer of the respondent Bihar State Housing Board asking them to pay the remaining cost/price of the respective Higher Income Group (H.I.G.) Houses allotted to them by the Board at Dalpatpur, Ara along with interest calculated up to 30.11.2009 failing which respective allotments made in their favour have been directed to be cancelled. The petitioners also pray to reduce the interest for the period of status-quo granted by the Hon’ble Court by order dated

28.04.1993 passed in C.W.J.C. No.9446 of 1992 as contained in annexure-3 to the writ application. The petitioners were allotted flat at Arrah in the year 1989 and 1992. A hire purchase agreement was entered between the petitioners and the Housing Board. In accordance with higher purchase agreement, the petitioners deposited the initial amount and agreed to deposit the rest amount in instalments. The petitioners’ case is that they had regularly deposited their installments. The petitioners are aggrieved by letters of the Board 4 Patna High Court CWJC No.17872 of 2009 (11) dt.02-03-2012 whereby the final cost of flat has been assessed arbitrarily high. The petitioners moved this Court in C.W.J.C. No.9446 of 1992 and 9488 of 1992. The writ petitions after being heard were disposed of with a direction to the Managing Director to get the claim of the petitioners examined. This Court also observed that the liabilities to pay should be worked out keeping in mind the conditions in which possession were given or offered. Counsel for the petitioners submit that without giving an opportunity of hearing, the respondent Board has issued new demand, which is very excessive and high. The petitioners state that the respondents would be entitled to charge enhanced amount only if they had made corresponding expenses towards repair of the flats or had paid extra amount on account of increase in cost of acquisition of the land or its development. The petitioners submit that in case of Smt. Bina Singh @ Sinha Vs. The Bihar State Housing Board & Ors., reported in 2006(4) PLJR 11, the learned Single Judge observed that even there is increase in the cost of acquisition of land, or increase in the cost of construction, the respondents Board would not be entitled to charge any enhanced price, other than the one that arrived at the time of allotment of the premises. I too agree with the observation of the learned Single 5 Patna High Court CWJC No.17872 of 2009 (11) dt.02-03-2012 Judge in case of Smt. Bina Singh @ Sinha (Supra) that where there is no increase in the cost of Land acquisition or where there is no expenses incurred towards repair or further construction of the flat, the respondent Board would not be entitled to charge an enhanced amount. In the impugned demand notice, I find that no opportunity of hearing was given to the petitioners to place their cases. Let the demand notice be treated as show-cause to which the petitioners would be entitled to file their detailed reply. Thereupon the respondent Board would furnish the reasons for charging the enhanced price of the flats in question and would give the necessary break-ups. The petitioners have drawn my attention to the resolution of the Board dated 27.05.2008 (Annexure-12). The petitioners submit that the Board has sought for Government view of charging One Time Settlement under the OTS scheme. It is expected that the Government would take a decision on the proposal forwarded by the Housing Board. The demand notice is kept in abeyance. Counsel for the Board submits that some of the petitioners have not made any payment after execution of the agreement. This liberty would not available to them, who have not 6 Patna High Court CWJC No.17872 of 2009 (11) dt.02-03-2012 made any payment after the agreement. But where an allottee has made some payment after his purchase agreement they should be permitted to make payment of the balance amount. Some of the petitioners submit that they have not been given even possession of flats (petitioner nos. 5 and 8 of C.W.J.C. No.1965 of 2010) though they have paid more than the instalments as per the hire purchase agreement. The Board would consider handing over of possession of flat in such case. In the backdrop of discussions made above, the matter is remitted to the Pricing Committee for fresh adjudication. The petitioners would file their detailed representations before the Pricing Committee, which would be disposed of after giving a personal hearing to the parties. These applications stand disposed of. Uday/- (Samarendra Pratap Singh, J)