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2010 DIGILAW 1125 (PAT)

Nirupama Mishra v. Bihar State Housing Board

2010-05-04

KISHORE K.MANDAL, SUDHIR KUMAR KATRIAR

body2010
JUDGEMENT S. K. Katriar and K. K. Mandal, JJ. 1. The matter was heard at length on 27.04.2010. The parties agreed to make a serious attempt for compromise to dissolve the dispute between the parties, and the tentative terms and conditions were indicated in the order dated 27.04.2010. The same were indicated in the background that we were labouring under the impression that 69 decimals of land in question had not been acquired, and continues to be in the possession of the appellants. 2. Mr. Lalit Kishore, learned Additional Advocate General, has today produced before us the original records to show that 69 decimals of land in question had also been acquired, along with the remaining portion of the land measuring 4.67 acres belonging to respondent no.4 herein. The compensation amount had been paid to the original owner of 69 decimals, and the respondent Board continues to be in possession of the same. 3. In that view of the matter, we approve of the terms and conditions of the compromise indicated in the order dated 27.04.2010, with the only alteration that the respondent Board shall settle four plots of land in the scheme in favour of the four appellants on the terms and conditions as prevalent today. The appeals are accordingly disposed of in terms of the following terms and conditions :- (1) The appellants shall withdraw Title Suit no.236 of 1993, currently pending in the Court of learned Sub-Judge IV, Bhagalpur, and right, title and interest with respect to 69 decimals of land, appertaining to plot no.22618, shall hereinafter exclusively belong to the Bihar State Housing Board. (ii) The order dated 15.03.1999 (Annexure-1 to the writ proceedings), cancelling allotment of the plots of land in question is hereby recalled. (iii) The plots of land allotted to the appellants as per order dated 14.02.1985 (Annexure-4), shall not be in lieu of acquisition of land, but as a general allottee on such terms and conditions as applicable today. 4. The parties have whole- heartedly agreed to the aforesaid terms and conditions of the compromise. The appellants have placed on record their affidavits to that effect, and Mr. Lalit Kishore subscribes to them on the instructions from the Bihar State Housing Board. 4. The parties have whole- heartedly agreed to the aforesaid terms and conditions of the compromise. The appellants have placed on record their affidavits to that effect, and Mr. Lalit Kishore subscribes to them on the instructions from the Bihar State Housing Board. It is made clear that the Managing Director of the respondent Board shall ensure registration of the documents conveying title of the plots in favour of the four appellants within a period of three months from the date of deposit of the amounts payable by the appellants. Let notice of demand be served promptly.