M.Y.EQBAL, J. - (1.) IN this writ application the petitioners seek appropriate Direction upon the respondents to make allotment of Low Income Group (LIG) residential plots at Harmoo Housing Colony, Ranchi for which the petitioners had applied as early as in the year 1977 and to complete all the formalities.
(2.) PETITIONER 's case is that purlsuant to the advertisement published by the Bihar State Housing Board in the newspaper dated 21.11.1976 they applied for LIG flats at Harmoo Housing Colony. As per the requirements they deposited Rs. 500/ - each alongwith prescribed applications form in the different months of the year 1976. It is contended that through a letter dated 17.3.1978 issued by the Board seeking some information from the petitioner No. 3 which was said to have been complied in 1978 itself. It is alleged that from, 1977 till 1994 a large number of correspondence was made by the petitioner to the respondents but without any fruitful result and they were not allotted plots. Respondent Housing Board in their counter affidavit have stated that prior to 1982 mode of allotment of land/flat/ house etc. in different category was used to be done in order of seniority subject to the completion of the application form. After the Bihar State Housing Board Act came into force the mode of allotment of plot/ house has been decided to be done by way of lottery in the different category and in the manner provided in the Regulation. In 1985 it was detected by the Board that no flat for residential purpose was available and as such a noticed was issued by the Board on 20.2.1985 under the signature of Managing Director of the Board and also by publishing it in the newspaper. It was stated that those persons who are the applicant for the residential plot in different categories may give option of the house in different categories. Petitioners did not give their option in pursuance of the aforesaid notice.
(3.) MR . M.S Anwar, learned senior counsel for the petitioner firstly contended that the action of the respondent Board in not allotting piece of land/plot to the petitioners is illegal and arbitrary inasmuch as all the petitioners admittedly applied for LIG flats in 1977 and completed all the formalities. Learned counsel submitted that as a matter of fact many unauthorized persons have encroached several plots in connivance with the employees of the Board and that was the reasons the Board became unable to make allotment of plots to various applicants including the petitioners. Learned counsel submitted that the Board itself approached this Court by filing CWJC No 1546 of 1994 (R) seeking direction upon the respondent State of Bihar for giving assistance to the Board for removing the encroacher and for giving vacant possession of the plots which have been allotted to the concerned successful allottees.;