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2021 DIGILAW 905 (JHR)

Saurav Arun v. State of Jharkhand, through its Secretary, Housing Department, Government of Jharkhand

2021-10-26

RAJESH SHANKAR

body2021
JUDGMENT : 1. The present writ petition has been filed for quashing part of the allotment letter dated 8th January, 2020 (Annexure-7 to the writ petition), whereby the cost of the plot/land in question has been enhanced to Rs.50,07,100/- in place of initial cost of Rs.19,28,848/- fixed vide earlier allotment letter dated 29th September, 2011. 2. Though learned senior counsel for the petitioner assails the enhanced cost of land mentioned in the impugned allotment letter dated 8th January, 2020 primarily on the ground that while fixing the said cost, interest has been levied over the initial cost of the said plot fixed vide earlier allotment letter dated 29th September, 2011, yet in course of argument, Mr. Sachin Kumar, learned counsel for the respondent nos.3 and 4, explains before this Court that no such interest has been levied over the cost of the plot mentioned in the impugned allotment letter dated 8th January, 2020, rather the same is based on the rate of the land fixed vide Jharkhand State Housing Board office order no.1103/Aa. dated 29th August, 2018 (Annexure-B to the counter affidavit). It is also explained by the learned counsel for the respondent nos.3 and 4 that as per the said office order, the rate of residential plot situated at Harmu, Ranchi (where the petitioner’s plot is situated) has been fixed as Rs.1,610/- per sq. ft.. If the said rate is multiplied by the area of the plot in question i.e. 3110 sq. ft., the cost of the same comes to Rs.50,07,100/- and the said figure has been mentioned in the impugned allotment letter dated 8th January, 2020. 3. At this juncture, Mr. Anil Kumar Sinha, learned senior counsel for the petitioner, agrees to the fact that the cost of the plot mentioned in the impugned letter dated 8th January, 2020 has been fixed on the basis of office order dated 29th August, 2018. It is further submitted by the learned senior counsel that apart from other payments made on various dates, an amount of Rs.4,61,710/- as mentioned in column (b) of the impugned allotment letter dated 8th January, 2020 has already been paid to the Jharkhand State Housing Board by way of two bank challans of Allahabad Bank, Harmu, Ranchi, both dated 5th February, 2020 and rest amount as mentioned in the aforesaid allotment letter dated 8th January, 2020 shall be paid by the petitioner in respective instalments. It is also submitted that an agreement for the said plot has already been executed between the petitioner and the competent authority of the Jharkhand State Housing Board on 28th October, 2020 and as such the respondent-Jharkhand State Housing Board may be directed to execute perpetual lease deed of the said plot in favour of the petitioner without any undue delay. 4. On this, Mr. Sachin Kumar, learned counsel for the respondent nos.3 and 4, submits that since there is no objection of the petitioner with respect to the cost of the land fixed vide impugned allotment letter dated 8th January, 2020, the Jharkhand State Housing Board will take prompt steps for execution of perpetual lease deed of the said plot in favour of the petitioner. 5. Considering the aforesaid submissions of learned counsel for the parties, the writ petition is disposed of, directing the respondent no.4 to take sincere steps for execution of perpetual lease deed of the land in question in favour of the petitioner within one month from the date of receipt/production of a copy of this order. 6. It goes without saying that the possession of the land in question shall also be handed over to the petitioner within the aforesaid period and the petitioner shall continue to make payment of balance amount in terms with the impugned allotment letter dated 8th January, 2020 (Annexure-7 to the writ petition).