NDLI: Bihar State Housing Board and Ors. Vs. Satya Narayan Prasad (dead) By L.rs. and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Rules for Settlement of Land Acquired and Developed by the State Government at Patna: Rules 2(g) and 14
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Rules for Settlement of Land Acquired and Developed by the State Government at Patna-Rules 2(g) and 14-No residential plot to be allotted if that person has another plot in Patna-Written undertaking to be given to this effect-Intimation to be given to authorities if some land is acquired later-Acquisition of another plot of land not intimated as per undertaking-Allotment of first plot of land cancelled-High Court quashed order of cancellation-On appeal Held, allotment liable to be cancelled being contrary to Rules-Undertaking had not been carried out-Hence equitable relief cannot be claimed.Constitution of India-Article 226-order of cancellation quashed on principles of equity-Held, High Court erred while exercising its extra ordinary jurisdiction.Words and Phrases-"Family"-Meaning of in context of Rules for settlement of Land Acquired and Developed by the State Government of Patna-Rules 2(g). The appellant Housing Board had allotted a plot of land to the respondent in Sri Krishna Nagar. He has also applied to the Patna Improvement Trust for another plot of land earlier, which was pending. While completing the formalities regarding the Sri Krishna Nagar plot he swore two affidavits to the effect that neither he nor his wife or any of his minor children possess - any land within urban areas of Patna and also undertook to inform the Housing Department if he acquires any land, even on a later date. The Patna Improvement Trust later allotted a plot of land to him in Sri Krishna Puri. Possession of the Sri Krishna Nagar plot was delivered after the respondent had already taken possession of the Sri Krishna Puri plot and the same was not intimated to the Housing Department. He constructed a house and started to reside in Sri Krishna Puri. A show cause notice was issued to him. He replied that the said facts regarding possession of another plot were not disclosed as no information was demanded from him. The appellant Board thereafter cancelled the allotment of the Sri Krishna Nagar plot which was challenged in a writ petition before the High Court. The High Court quashed the order cancelling the allotment. Aggrieved the appellant appealed to this Court contending that the relevant rules did not permit allotment of land to a person, if his wife or any dependant children possessed land within the municipal area of Patna; and that an affidavit had been sworn to this effect with an undertaking that the authorities would be informed of any future acquisition by the respondent.
Judge	Honble Mr. Justice G.B. Pattanaik
Neutral Citation	1998 INSC 43
Petitioner	Bihar State Housing Board And Ors.
Respondent	Satya Narayan Prasad (dead) By L.rs. And Ors.
SCR	[1998] 1 S.C.R. 380
Judgement Date	1998-01-28
Case Number	395

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Bihar State Housing Board and Ors. Vs. Satya Narayan Prasad (dead) By L.rs. and Ors.

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Bihar State Housing Board and Ors. Vs. Satya Narayan Prasad (dead) By L.rs. and Ors.

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