Umesh Chander Jha. Vs. The State Of Bihar & Ors.
EmailAppeal: Civil Appeal No. Of 1987.
(Arising out of Special Leave Petition (C ) No. 8467 Of 1986).
(Arising out of Special Leave Petition (C ) No. 8467 Of 1986).
Petitioner: Umesh Chander Jha.
Respondent: The State Of Bihar & Ors.
Apeal: Civil Appeal No. Of 1987.
(Arising out of Special Leave Petition (C ) No. 8467 Of 1986).
(Arising out of Special Leave Petition (C ) No. 8467 Of 1986).
Judges: M.P. THAKKAR & B.C. RAY, JJ.
Date of Judgment: Mar 02, 1987
Head Note:
CONSTITUTION OF INDIA, 1950:
Article 136 – Difficulty in construction on the plot allotted to the appellant – Other similar plot to be allotted to the appellant.
Article 136 – Difficulty in construction on the plot allotted to the appellant – Other similar plot to be allotted to the appellant.
JUDGEMENT:
ORDER
1. Special leave granted. Heard both the sides.
2. Having regard to the facts and circumstances of the case, we are of the opinion that the appellant, who has been allotted plot CH-23 on which construction is difficult to make for the reasons disclosed by the appellant, shall be allotted in lieu thereof, another plot of more or less equal size. We are told that Plot C-9 is vacant and available. If that be so, the said plot may be allotted to the appellant within three months from today. If that plot is not available for some good and valid reasons, some other similar plot of more or less of equal size shall be allotted to the appellant.
3. The appeal is disposed of accordingly. There will be no order as to costs. Liberty to apply.
Appeal allowed.
1. Special leave granted. Heard both the sides.
2. Having regard to the facts and circumstances of the case, we are of the opinion that the appellant, who has been allotted plot CH-23 on which construction is difficult to make for the reasons disclosed by the appellant, shall be allotted in lieu thereof, another plot of more or less equal size. We are told that Plot C-9 is vacant and available. If that be so, the said plot may be allotted to the appellant within three months from today. If that plot is not available for some good and valid reasons, some other similar plot of more or less of equal size shall be allotted to the appellant.
3. The appeal is disposed of accordingly. There will be no order as to costs. Liberty to apply.
Appeal allowed.
