LAWS(PAT)-2002-4-46

BIHAR STATE HOUSING BOARD Vs. STATE OF JHARKHAND

Decided On April 05, 2002
BIHAR STATE HOUSING BOARD Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THE prayer onbehalf of both the appellants (Bihar State Housing Board and the Jharkhand State Housing Board) is, in effect, to set aside the order dated 30 July 2001. This order was passed on C. W.J.C. No. 8735 of 2001; (Bihar State Housing Board and another V/s. The State of Jharkhand and others.)

(2.) THE bifurcation of the State of Bihar under the Bihar Reorganisation Act, 2000 also affected State statutory corporations and State public sector undertakings. One of them is the Bihar State Housing Board, a statutory corporation. It was incorporated by the enactment, the Bihar State Housing Board Act, 1982. This Corporation has had activities spread all over Bihar. Public housing is one of its main functions. Consequently, it is possessed of real estate, land or developed housing or at the time of bifurcation semi developed. The registered office of this statutory Corporation is situate in Patna.Thus, when the State of Bihar was bifurcated it was a necessary corollary that this statutory Corporation was given the status of "an inter -state body Corporate" (Section 66). Bihar State Housing Corporation, amongst other statutory or Government companies, is mentioned in the Ninth Schedule to the Act, at item no. 25.

(3.) THE division of assets and liabilities, personnel not excluded, is engaging the attention of the Central Government, Reconstitution of the Board of Directors may also be considered (Section 65).