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2007 Supreme(Pat) 1906

NAVANITI PRASAD SINGH
Janapriya Co-operative Housing Society Limited – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioners Cooperative Society is a Cooperative Society of residents residing in what is commonly known as Lokpriya Apartments in the locality commonly referred to as Vivekanand Parking Area of Patna. The multi-storeyed building plan was submitted and was duly sanctioned by the PRDA. In the sanction plan which has been annexed as Annexure-1 to the writ petition and has been compared with the original from the records of the PRDA by this Court and found to be the same, there is no dispute that the front set back of the building had to be three meters and there was a road of six meters in the front. The building, it was alleged by the petitioners, was in fact constructed leaving a front set back of more than three meters notwithstanding the road being still six meters. Once the building became habitable, a six feet height boundary wall was made which also let six meters road and, as indicated above, a front set back of more than six meters as sanctioned. The petitioners case is that all of a sudden on 14.9.2001, some officials of the PRDA came and put red mark on the boundary wall of the petitioners Apartment stating that the said boundary wall was an encroachment and










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