(Per: HONOURABLE MR. JUSTICE NAVIN SINHA)

The Times of India dated 20.9.2011 carried a report that Bihar falls in seismic zone IV and V where the maximum intensity of earthquake can go up to 8.4 Richter scale. It needs no imagination to understand that if in normal times a fire tender cannot enter and reach an Apartment building constructed on roads 8 to 12 feet in width, what would be the extent of calamity in the aforesaid event. Rescue operations would itself become impossible due to lack of accessibility caused by accumulation of debris on an otherwise narrow road leading to avoidable loss of human lives.

2. In this Public Interest Litigation, it was alleged that Respondent no. 9 along with the builder Respondent no.8 were illegally constructing an apartment complex beyond the prescribed height in a narrow 8 feet lane contrary to building bye-laws. It was also alleged that in place of a G + 3 sanctioned structure, the builder had constructed fourth floor also with the municipal authorities paying no heed to the complaints. We had passed a detailed reasoned order on 10.5.2013 stopping construction of all high rise apartment buildings in town beyond the permissible height b