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2005 DIGILAW 65 (PAT)

Chandra Bhushan Thakur v. State Of Bihar

2005-01-24

R.S.GARG

body2005
Judgment R.S.Garg, J. 1. The petitioner who purchased a sweet dream has been supplied a nightmare. It is unfortunate that the Housing Board and its officers have become a gang of dacoits, thieves and the hooligans, they have no respect for the common men and the money plight and sorrows of the common men. 2. From the facts of this case which I shall narrate later, it would simply appear that these officers have become blood-suckers and wild animals which can pounce upon any body at any point of time and shall justify their acts in killing or causing injury to anybody. 3. The petitioner applied for a dream house, he was required to make certain payments and the balance amount was to be paid in 120 instalments, The petitioner having complied with necessary formalities was required to take possession of the house. In accordance with Annexure-7, the possession report, the petitioner is shown to have been given possession of House No. L/191. This is to be noted that Annexure-7, the letter dated 28-3-2003 mentions "handed over possession of house/plot No. L/191" from the alternative words plot has been struck off. It would clearly mean that the Junior Engineer, Bihar State Housing Board, Darbhanga Division handed over the possession of House No. L/191, at Darbhanga Housing Colony to the petitioner. 4. When the petitioner went to take the actual possession of the house he could find nothing. There was a construction of a platform upto the plinth level. The respondents despite repeated requests of the petitioner were not ready and willing to mend their behaviour, come out of their slumber, were not ready to wake up from their hibernation and were sitting like sphinx and the silence on their part probably was providing them an absolute solace and protection. I am required to record all this because the conduct of the officers of the Housing Board including its Managing Director right from the beginning do not appear to be bad but appears to be a criminal and sinful. I am required to record all this because the conduct of the officers of the Housing Board including its Managing Director right from the beginning do not appear to be bad but appears to be a criminal and sinful. When the petitioner came to this Court submitting that despite letter -- dated 28-3-2003 no possession has been given to him, the respondents shamelessly without any remorse or apology on their part came out with the straight shoulder, high head and inflated chest saying that the State Government had issued directions on 27-7-1993 that incomplete houses be re-valued and be allotted to the persons who aspired for allotment. It is submitted that in accordance with the said direction of the State Government the possession of the house was given to the petitioner on 28-3-2003. When this Court asked the Managing Director, Mr. Santosh Kumar Mall and Mr. Rajeev Nayan Singh, counsel appearing for the Housing Board that if the allotment letter was issued or possession was given in accordance with the direction dated 27-7-1995/2-9-1995 (Annexure-A to the counter-affidavit), then why the facts were not mentioned in Annexure-7, this Court specifically asked them that if the unfinished construction upto the plinth level was only to be handed over to the petitioner then why the words "handed over possession of the house" have been written in Annexure-7, learned counsel for the respondents submits that it was a simple mistake on the part of the officers. On one side the respondents are saying that in accordance with direction of the State Government unfinished constructions were to be allotted and handed over to the allotted and at the same time the officers/engineers/employees of the respondent-Board say that non-mentioning of the said fact is a simple mistake on their part. It is further to be seen that the respondents who are required to hand over the possession at their earliest did not to anything for long many years and all of a sudden start, calculating the interest on the amount agreed between the parties and propose to charge the same. I am unable to understand the stand of the respondents. It is further to be seen that the respondents who are required to hand over the possession at their earliest did not to anything for long many years and all of a sudden start, calculating the interest on the amount agreed between the parties and propose to charge the same. I am unable to understand the stand of the respondents. If the condition was that on compliance of a particular formality the possession of the house was to be handed over on a particular date or on happening of a particular event and only thereafter the balance amount was to be paid in 120 instalments then how can the respondents charge the interest on the amount already spent by them specially when because of their own lapses, lethargy and inaction they could not construct the house which remained incomplete for more than ten years. Unconstructed house has been handed over to the petitioner showing it to be a complete house. The respondents even on earlier occasion were reprimanded by this Court. They had been asked to come out with straight pleadings, but unfortunately the respondents who have become incorrigible believe in "Ham Nahi Sudhrenge". If this is the approach of the respondents then this is high time when this Court should ask the police to register cases against all of them including the officers in relation to each and every lapse and book all those persons who have brought this institution to a standstill just for nothing and are coming to this institution time and again simply to exploit the best facility at the cost of all those persons who had deposited their hard-earned money. The respondents even today do not say that they are ready and willing to settle the claim of the petitioner. They are simply saying that in possession with the direction of the State Government they re-calculated the price, added the interest and delivered the possession of the house (?) to the petitioner. They are worse than Shylock who simply wanted a pound of flesh, the Housing Board wants a pound of flesh and blood too. Unfortunately, in the system which controls and governs the Housing Board there is no Antonio. They are worse than Shylock who simply wanted a pound of flesh, the Housing Board wants a pound of flesh and blood too. Unfortunately, in the system which controls and governs the Housing Board there is no Antonio. At this stage, learned counsel for the respondents submits that a perusal of paragraph 16 of the counter-affidavit it would clearly appear that after adjusting the payments already made by the petitioner with respect to the said allotted house, the rest of the amount payable by the petitioner towards the cost-price of the same, upon calculation, comes to Rs. 1,46,340.00 as on 31-12-2004, in regard to which a separate letter is being issued to the petitioner. 5. It is to be seen that the petitioner applied for the house in the year 1989. He was required to make payment of Rs. 5000.00 towards earnest money and Rs. 32,890.00 before the order of allotment. According to the respondents, they are entitled to charge interest from the petitioner right from the date of the agreement, though they have constructed nothing, they have offered nothing, they have given possession of nothing. I fail to understand that how can the respondents charge the interest on the unfinished work which remained incomplete because of the lapses on the part of the respondents. It is just like adding premium to ones mistake. On one side the respondents do not do anything in accordance with law, in accordance with regulation, in accordance with agreement, in accordance with moral and honesty and at the same time they want that additional money be paid to them because they are entitled to suck the blood, have the flesh and ground the bones of the persons who had fallen in their clutches and cannot walk out. In the opinion of this Court, if the lapses are on the part of the respondents then they would not be entitled to any interest even if there is a Government direction. The direction of the Government was issued in the year 1995. In the opinion of this Court, if the lapses are on the part of the respondents then they would not be entitled to any interest even if there is a Government direction. The direction of the Government was issued in the year 1995. If the respondents were honest enough and were vigilant to the duty assigned to them then they could have calculated the interest within no time, issued notices to the allottees that the properties are to be allotted in their favour and possession is to be given on basis of where it is, as it is, but unfortunately this small work could not be completed in next eight years. The lapses for eight years are on the part of the respondents and still shamelessly they say that they must be paid the interest for the said period and whatever has been deposited by the petitioner would be adjusted and appropriated towards the re-fixed amount and the petitioner would be required to pay a sum of Rs. 1,46,340.00 . It is to be noted that as on February, 2003 the petitioner had deposited a sum of Rs. 85,698.00 . At this stage, it would also be necessary to see that the cost of construction in the years 1989 to 1993 was less than Rs. 250 per square foot. As on today the cost of construction has gone above Rs. 600.00 per square foot. If because of lapses on the part of the respondents the petitioner could not get the house then the respondents must be held liable for damages. The respondents cannot be allowed to say that by their lapses they would cause unnecessary and irreparable loss to the allottees and at the same time they would be entitled to have a pound of flesh. 6. When this Court asked that what was the estimated price at the time of advertisement, the respondents are unable to say anything. When this Court asked that what rate of interest was paid to the petitioner before appropriating his amount, the respondents courageously said that on the earnest money no interest was paid and on the rest of the amount in accordance with requirement of law and the regulations the interest was paid. In response to the query made by this Court they said they had been charging 14.7 per cent interest with capitalising the interest. I am shocked to hear all this. In response to the query made by this Court they said they had been charging 14.7 per cent interest with capitalising the interest. I am shocked to hear all this. This statement does not hit the authority of this Court but hits at the heart of this Court. The dishonesty has crept in the respondents culture and is being nurtured so also cultured in the office of the respondents. If on that date particular amount was fixed as the estimated cost then out of the said estimated cost the amount deposited by the petitioner time to time ought to have been adjusted. The respondents cannot be allowed to say that they would pay no interest to the petitioner and at the same time would charge 14.7 per cent interest. Learned counsel for the respondents submits that the loan taken by them from the HUDCO is to be paid with interest they are entitled to interest. While making this statement learned counsel forgets that the lapses are on the part of the Housing Board and not on the part of the petitioner. Why, an action against the erring officer has not been taken by the respondent-State ? When this Court puts a question to the existing/present incumbent he would simply say that the lapses were on the part of its officers. In a system in which we have to live and die, I must say that all of us are born to win but conditioned to lose. We are born free but are chained everywhere, so that even for the rightful right we cannot say anything. When the State is run by the incompetent officers and nobody is ready to do anything for the people then the Courts have to do something. 7. It appears that in the State of Bihar everybody is somebody, therefore, nobody cares for anybody. After all, that anybody is the citizen of this country who pays the revenue to the State, pays salary to the persons whose onslaught he suffers and despite that he is crumbled and is crushed under the heavy boots of Administrative Officers and the sinful Corporations/Boards. It appears that the same are not for the public and ordinary citizens. After all, that anybody is the citizen of this country who pays the revenue to the State, pays salary to the persons whose onslaught he suffers and despite that he is crumbled and is crushed under the heavy boots of Administrative Officers and the sinful Corporations/Boards. It appears that the same are not for the public and ordinary citizens. Nothing can pierce the skin of these officers because they feel that the police cannot cause them any harm as they are under the protection of the State Government and their skins have become bullet proof. Some day if somebody pierces that bullet proof skin then the officer who stands in Court will have to be subjected to the most fatal injury and it may not be possible for him to survive the onslaught of the justice and the judicial wrath. 8. Taking into consideration the totality of the circumstances, I am of the opinion that the matter deserves complete investigation by the higher officer of the police. I simply wish to remind them that if this simple direction of a probe, by this Court can cause a harm and they are required to rush immediately to the Letters Patent Court then what will happen to them if they are booked for crime committed by them and are kept behind bars. I direct the Senior Superintendent of Police, Patna to register a First Information Report against each and every Managing Director, Members Board of Directors and enquire into the matter. He shall be obliged, if required, to seize the records and submit the challan after approval of this Court before the competent Court. 9. Let the Superintendent of Police submit his report before this Court on 14th March, 2005. 10. It is made clear that the Superintendent of Police is not required to go to the residences of the officers, but he shall be entitled to issue summons to them and record their statements in his own office telling these officers that they are not above law but the law is above all. 11. Let a copy of this order he also sent to the Superintendent of Police so that he starts work within one week from today.