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2016 Supreme(SC) 216

PINAKI CHANDRA GHOSE, R.K.AGRAWAL
BABITA BADASARIA – Appellant
Versus
PATNA MUNICIPAL CORPORATION – Respondent


ORDER

1. This matter has been placed before us by the Office along with an Office Report for directions.

2. Civil Appeal No.5470 of 2004, filed by M/s. Saket Housing Ltd., was dismissed by this Court on 7-5-2013, after noting the fact that there was enormous deviation from the sanctioned plan in construction of multi-storeyed building. At that point of time this Court observed as follows:

“There being enormous deviations from the sanctioned plan in constructing the multi-storeyed building, after following the due process of law, construction beyond sanctioned plan was directed to be demolished by the Patna Regional Development Authority. Deviation is shocking and can be undertaken only by such person who considers himself to be law unto himself. One of the deviations is that against sanction of 24 flats in 6 floors at the rate of 4 flats per floor, 9 floors have been constructed having 6 flats every floor.”

3. Accordingly this Court had directed for demolition of the said unauthorized construction dismissing the civil appeal and that order has attained finality. Thereafter, a writ petition, being Writ Petition (Civil) No.337 of 2013 was filed by the petitioners/ owners of the resid





























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