IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.13351 of 1992 =========================================================== Madan Prasad Singh, Advocate, Son of Sri Bachchu Prasad Singh, resident of Village Deodaha, P.S. Dhanarua, District Patna. At present practicing as an Advocate in the High Court of Judicature at Patna and residing at East Lohanipur, Prithivi Raj Path, P.S. Kadam Kuan, Patna in the town and district of Patna. .... .... Petitioner/s Versus 1. The Bihar State Housing Board, Mangles Road, Patna through its Managing Director. 2. The Estate Manager, The Bihar State Housing Board, Mangles Road, Patna-1. 3. The State of Bihar. .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Kamla Prasad Roy with Mr. Amresh, Advocates For the Respondent/s : Mr. Ram Prasad Bhagat, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL JUDGMENT 24th June 2011 (Per: HONOURABLE THE CHIEF JUSTICE) This petition under Article 226 of the Constitution is filed for recovery of possession of a piece of land bearing plot no.8M/263 at Digha housing project of respondent Bihar State Housing Board (hereinafter referred to as “the Board”) Pursuant to the application made by the petitioner, under letter of allotment dated 27th September 1991, the petitioner was allotted sub-plot no. 8M/263 admeasuring 1430 sq. ft. in Digha housing project. Under the said letter of allotment the petitioner was called upon Patna High Court CWJC No.13351 of 1992 dt.24-06-2011 2 to pay the first installment of Rs.21,269/- and the remaining Rs.53,828/- in 60 monthly installments. Clauses 4 and 5 of the said letter of offer required that the said Rs.21,269/- be paid within 30 days in lumpsum. In case of failure to pay the said amount in lumpsum and to execute agreement within that time, the allotment would automatically stand cancelled and the Earnest Money Deposit would stand forfeited. The gravamen of the grievance of the writ petitioner is in respect of allotment of land in the housing project at Digha. It is the claim of the petitioner that he had applied for allotment of land/house or flat in Bahadurpur area of Patna city. The Bahadurpur housing project is a developed colony; and has well marked sites. The petitioner had deposited Rs.2,000/- Earnest Money for allotment of plot in Middle Income Group in Bahadurpur colony. Having complied with all formalities, the petitioner was entitled to allotment of land/house or flat in Bahadurpur housing project. As the Bahadurpur colony is a coveted area, the Board resorted to favouratism. Applicants registered after the petitioner are allotted plots of land in Bahadurpur colony whereas the petitioner has been meted discriminatory treatment by not allotting him a land/house or flat in Bahadurpur colony. Instead, he has been allotted land in Digha housing project, an undeveloped area of Patna city. The Board has not provided civil amenities like roads, power supply, water supply or drainage lines in the said Digha housing project. The price of land in Digha housing project determined by the Board is exorbitant. For the plot in Middle Income Group the price could not exceed Rs.10,000/- to Rs.15,000/- per katha. The Board was under obligation to allot 300 sq. mtrs. of land as declared in its prospectus. The petitioner has challenged the aforesaid letter of allotment dated 27th September 1991. In our opinion the claim made by the petitioner is totally misconceived. True, the petitioner may have applied for allotment of Patna High Court CWJC No.13351 of 1992 dt.24-06-2011 3 land/house or flat in housing project at Bahadurpur. He did pay the registration fee and made Earnest Money Deposit. By mere payment of registration fee and the Earnest Money Deposit, the petitioner did not acquire an indefeasible right to allotment of land/house or flat. It is a matter of common knowledge that the land is a scarce commodity. The land available to the Board for housing project is not sufficiently large to meet the necessity of the populace. It is evident that the Board could not provide land/house/flat to the petitioner in the housing project at Bahadurpur. The allegation that the Board has resorted to arbitrary allotment is vague and is not supported by materials on record. In absence of specific case of discrimination, the petitioner cannot succeed in the present petition. As to the price of the land, we may note that the petitioner’s claim that fair price of the land can not exceed Rs.10,000/- to Rs.15,000/- per katha is not supported by the materials on record. We do appreciate, the housing project has not come up the way it was envisioned. Instead of common people, the landsharks are benefited. Be that as it may, the question of price of land cannot be decided in the present petition under Article 226 of the Constitution. Moreover, the price of land would not depend only on the amount of compensation paid by the Board or the development cost. The cost would also include the other expenses including the establishment cost incurred by the Board. The pricing of the land is highly technical matter. Unless it is ex-facie arbitrary or discriminatory, this Court in exercise of power of judicial review under Article 226 of the Constitution will not interfere in such matters. For the aforesaid reasons, petitioner is not entitled to any relief. The petitioner is however, entitled to refund of the sum of Rs.21,269/- the amount of first installment paid by him on 26th October 1991. The respondent Bihar State Housing Board is directed to refund Patna High Court CWJC No.13351 of 1992 dt.24-06-2011 4 Rs.21,269/- to the petitioner with interest @ 12 per cent per annum with quarterly rest within eight weeks from today. Subject to the above direction the petition stands disposed of. Parties will bear their own cost. Rahman/ ( R.M. Doshit, CJ ) (Birendra Prasad Verma, J.)