BIHAR STATE HOUSING BOARD AND ORS. versus SATYA NARAYAN PRASAD (DEAD) BY L.RS. AND ORS.

Citation: [1998] 1 S.C.R. 380 · Decided: 28-01-1998 · Supreme Court of India · Bench: G.B. PATTANAIK · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
BIHAR STATE HOUSING BOARD AND ORS. 
v. 
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SA TY A NARA YAN PRASAD (DEAD) BY L.RS. AND ORS. 
JANUARY 28, 1998 
B 
[G.B. PATTANAIK AND M. SRINIVASAN, JJ.] 
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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 
c 
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 m;der of 
cancellation-On appeal Held, allotment liable to be cancelled being contrary 
to Rules-Undertaking had not been carried out-Hence equitable relief 
D cannot be claimed 
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Constitution of India-Article 226-0rder of cancellation quashed on 
principles of equity-Held, High Court erred while exercising its extra ordinary 
jurisdiction. 
E 
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 
F for another plot of land earlier, which was pending. While completing the 
).... 
formalities regarding the Sri Krishna Nagar plot he swore two affidavits to 
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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 
G 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 
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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 
H issued to him. He replied that the said facts regarding possession of another 
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BIHAR STA TE HOUSING BOARD v. S.N. PRASAD 
381 
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 mies 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. 
Allowing the appeal, this Conrt 
HELD: I.I. A combined reading of the Rules for Settlement of Land 
Acquired and Developed by the State Government at Patna make it clear that 
an individual will not be entitled to an allotment of a second plot or a second 
house within the municipal limits if he or any members of his family are in 
possession of a plot or a house within the municipal limits. Allotment and 
possession of plot of land in Sri Krishna Puri had been given much earlier 
to the date on which possession of the land in Sri Krishna Nagar was given. 
The respondent was not entitled to get allotment of land in Sri Krishna 
Nagar, which was liable to be cancelled being contrary to the Rules of 
Allotment and the Competent Authorities rightly cancelled the same. 
1386-D-E] 
1.2. The expression "family" has been defined in Rule 2(g) to mean 
family includes the wife or husband and the relations of the applicant who 
are entirely dependant on him, sons and step-sons, daughters and step-
daughters, parents and minor brothers. 1385-G] 
2. An unequivocal undertaking was given to intimate the fact of 
acquisition of any house or land after the date of the affidavit. The expression 
"acquisition" would obviously mean the date on which payment for the allotted 
land is made, the agreement entered into and possession delivered. A mere 
letter ofallotment would not tantamount to acquisition of the land in question. 
When possession of the land in Sri Krishna Nagar was given, possession of 
the land in Sri Krishna Puri had already been delivered.The undertaking 
· had not been carried out as the fact of acquisition of plot of land in Sri 
Krishn

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