M.Y.EQBAL, J. - (1.) THIS writ petition has been filed by way of Public Interest Litigation wherein petitioners have prayed for issuance of appropriate writ for quashing the allotment letter dated 16.1.2008 issued by the Jharkhand State Housing Board, Ranchi whereby a piece of land has been allotted in favour of Hindustan Petroleum Corporation Limited for opening of a fuel outlet and further for an order directing the respondents to ensure that septic line located in the land allotted to the Corporation may not be disturbed. According to the petitioners, in the left over land there is a proposed road or proposed sewerage tank, sewerage line, water outlet, etc. According to the petitioners, respondent No. 5 -Housing Board in an arbitrary manner allotted the land to the respondent - Corporation for opening of a fuel outlet.
(2.) IN the counter affidavit filed by the respondents -State and the Housing Board it is stated, inter alia, that in the years 1964 -66, septic tank was constructed but for the last 20 years it is dead and not being put to use and the same does not exist as on today. Respondents' case is that all the allottees while constructing their residential houses have constructed their individual soak -pit in their houses. Respondents' further case is that while constructing petrol pump, respondent No.5 - Corporation diverted one drain passing through the said land. Respondents' further case is that the land in question is not situated inside Harmu Housing Colony, but it is situated adjacent to the National Highway No. 75. Mr. Rajeev Kumar, learned counsel appearing for the petitioners, mainly contended that the Housing Board cannot allot land for the purpose of opening of fuel outlet. The purpose and object of the Housing Board is to provide land to the needy persons for the construction of residential house and not for otherwise.
(3.) I do not find much force in the submission of learned counsel. The Housing Board is empowered under the Bihar State Housing Board Act, 1982 to frame schemes for the purpose of allotment of land for the construction of house and also for providing amenities. For better appreciation, Section 29 of the said Act is quoted hereunder: '' "29. Matters to be provided by housing or improvement schemes. '' Notwithstanding anything contained in any other law for the time being in force, the aforesaid housing or improvement scheme may provide for all or any of the following matters, namely: '' (a) the acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme; (b) the laying or re -laying out of any land comprised in the scheme; (c) the distribution or redistribution of sites belonging to owners of the property comprised in the scheme; (d) the closure or demolition of dwelling or portions of dwellings unfit for human habitation; (e) the demolition of obstructive buildings or portions of buildings; (f) the construction or reconstruction of building; (g) the sale, lease or exchange of any property comprised in the scheme; (h) the construction or alteration of roads, streets, back lane, bridges, culverts and causeways; (i) the draining, water supply and lighting of the streets included in the scheme; (j) the provisions of open parks, playing fields and open spaces for the benefit of any area comprised in the scheme or any adjoining area and the enlargement of existing parks, playing fields, open spaces and approaches; (k) the provision of sanitary area arrangements required or the area comprised the scheme, including the conservation of and prevention of injury or contamination to rivers or other sources and means of water supply; (L) the provisions of accommodation for any class of inhabitants; (m) the advance of money for the purposes of schemes; (n) the provision of facilities for communication and transport; (o) the collection of such information and statistics as may be necessary for the purposes of this Act; (p) the reclamation or reservation of land for markets, gardens, playing fields and afforestations; (q) the provisions of schools, parks, swimming pools, restaurants, shops, markets, fuel depots, laundries, hair -dressing saloons and other amenities in the scheme; and (r) any other matter for which in the opinion of the Government it is expedient to make provision with a view to provide house accommodation and to the improvement of any area comprised in the scheme or of any adjoining area or the general efficiency of the scheme." ;