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2007 Supreme(Pat) 1665

ANWAR AHMAD, BARIN GHOSH
Shishir Kumar Jain – Appellant
Versus
Patna Regional Development Authority – Respondent


Judgment

Barin Ghosh, J.

1. By the Bihar Regional Development Authority Ordinance made sometimes in the year 1974 Patna Regional Development Authority (hereinafter referred as PRDA) was established.

This Ordinance was subsequently kept alive by subsequent Ordinances. By repealing the last of such Ordinances on 25th January, 1982, the Bihar Regional Development Authority Act, 1974 (hereinafter referred to as the Development Act) was made. By virtue thereof, PRDA commenced functioning as the development authority for the city of Patna as constituted by and under the Development Act.

2. On 26th April, 1997, the respondent no. 5 obtained a sanction from PRDA to construct a new building on the land, on a portion whereof the building in which the appellant had his tenancy was situated. One of the conditions for grant of the said sanction was to demolish the existing building situate on the land where the new building was proposed to be constructed within a period of six months from the date of sanction, as was undertaken by the proposer seeking the sanction.

That condition suggests that the respondent no. 5, while submitting the application for sanction to construct the new building on th
























































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