In a significant judgment, the Patna High Court directed the Bihar State Housing Board to allot an alternative plot to a land-looser whose original land was acquired for housing purposes decades ago.
The petitioner claimed that his land in Bahadurpur, Patna, was acquired in 1979, for which he received compensation. He applied for a plot under the “land-looser” category and was allotted Plot No. 10M/116 in Digha Housing Colony in 1991. However, he never got possession due to legal and administrative issues. Later, he requested a shift in allotment to Bahadurpur Housing Colony but was denied, despite similarly situated individuals being granted such relief.
The Housing Board argued that the petitioner’s wife owns a plot in Bahadurpur and thus, under Regulation 8(d) of the Bihar State Housing Board Regulation, 1983, he was not entitled to another plot. However, the Court found this argument invalid since the wife's purchase occurred in 2001, long after the petitioner’s 1991 allotment, and regulations do not retroactively apply to such cases.
The High Court upheld the petitioner’s right to a substitute plot, ordering immediate allotment of an available plot in Bahadurpur Housing Colony.
Significance of the Judgment
This ruling reinforces the rights of individuals whose land is acquired for public projects, especially when promised rehabilitation is delayed. It sends a message to government authorities about adhering to commitments and not penalizing land-losers for administrative failures. Common people who lose their land can now be more confident in seeking rightful compensation and rehabilitation.
Legal Issues Decided
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Whether a land-looser is entitled to an alternative plot if possession is not handed over by the Housing Board.
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Whether ownership of property by a spouse post-allotment bars re-allotment under housing regulations.
Court’s Decision
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Yes, a land-looser is entitled to an alternative plot.
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No, subsequent property acquisition by the spouse does not invalidate the petitioner’s earlier right.
Judgments Referred by Parties
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CWJC No. 4969/1996 (Nand Lal Tibriwal & Ashok Kumar Sah)
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CWJC No. 10340/2003 (Angiri Devi)
Case Title: Shri Baj Kishore Prasad vs. The State of Bihar & Others
Case Number: CWJC No. 7538 of 2021
Citation(s): 2024 (4) PLJR 562
Coram: Hon’ble Mr. Justice Sandeep Kumar
Advocates: Mr. Binay Kumar Choubey for the petitioner, Mr. Subhash Prasad Singh (GA-3) for the respondents
Link to Judgment:
https://patnahighcourt.gov.in/viewjudgment/MTUjNzUzOCMyMDIxIzEjTg==-Ss5G4bUjqLQ=
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