1. The petitioner is aggrieved by the order dated 1.10.2002 passed in Vigilance Case No. 172B/2001 by the erstwhile Vice- Chairman, Patna Regional Development Authority as affirmed by the Appellate Tribunal in Appeal No. 20 of 2002 being appellate order dated 20.11.2002.

2. There are two points of dispute. One is in relation to projection over open space as between the building which are in two blocks. The second is with regard to the height of building.

3. So far as first is concerned, as evident from the orders of the Vice- Chairman, and the appellate authority none of the projections is more than 0.60 metre. In this regard I may refer to Bye-Laws 20.1.3.1 of the Building Bye-Laws. The said Bye-Laws provides for minimum distance of two blocks and in the case of petitioner it would be 3 metre. Immediately thereafter is Bye-Laws 20.1.4 which talks about exception to open space. Here it is specifically provided that the projection upto 0.60 metre over open space is permissible and that Bye-Laws itself notices that the effect of the projection would be reduced to the width to less than the minimum required. The Appellate Tribunal has held precisely that if such projection is