Krishna Nagar Vikas Samiti v. Bihar State Housing Board
1994-07-08
R.M.PRASAD
body1994
DigiLaw.ai
JUDGMENT Radha Mohan Prasad, J. -In the present writ application the grievance of the petitioning society represented through its Secretary as well as one of the allottees of a plot in S.K. Nager, Patna is that desplite the agreement with them by the authorities of the Government in the Housing Department, in whose place now the Housing Board has stepped into their shoes, in. relation to allotment of a plot in the aforesaid area and despite the fact that they have fulfilled all the terms and conditions as per the terms of agreement the respondent Housing Board is not executing the leases in perpetuity (permanent lease) in favour of such settlees as required under Rule 19 of the "Rules for settlement of land acquired and developed by the State at Patna". The petitioner has further alleged that the respondent Housing Board has increased the price of the land per Katha from what was agreed upon as per the agreement contained in Annexure 1. The petitioner, however, has not brought any thing on record is support of the same. 2. Mr. Bhagat, learned Counsel appearing for the Board on the other hand, has referred to paragraph 5 of the agreement (annexure-1) which provides that the settlee shall have to pay additional amount if any, payable on account of increase in the cost of development and/or on account of additional compensation payable to the owner of the land under subsequent order of the lower court in claim case arising out of a Land Acquisition Proceeding. Mr. Bhagat submitted that in terms of the said clause, the settlees are liable to pay additional amount in the said contingency. 3. Further, the learned Counsel referred to paragraph 1 of the agreement, which reads as follows : "The settlee agrees to abide by the terms and conditions prescribed under the Rules framed by the State Government for settlement of land at Patna." 4. After having heard the learned Counsel for the parties and considering the facts and circumstances, I am of the view that there cannot be any dispute that the parties to the agreement are bound by the terms of the agreement, but I find no reason for the Board not to act according to the aforementioned rule 19, if the petitioner and its members have fulfilled all the conditions of the agreement and approached the Board for that purpose. 5.
5. Accordingly, I dispose of this writ application with the direction to the Housing Board that if the members of the petitioning society fulfill all the conditions in terms of the agreement entered into by them with the authority and they approach the Board for execution of lease in perpetuity (permanent lease) then the Housing Board shall complete the formalities and execute the said permanent lease within a period of three months from the date such settlees approach the Board and in case if such members of the petitioning society who have not yet complied all the terms of the agreement, but they comply the same within a month from today then also the said direction will apply to such settlees.