Municipal authorities have a statutory duty to enforce building bye-laws and take action against illegal constructions. Failure to do so amounts to a violation of the law and can lead to contempt of court proceedings.

(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 based on road width under the building by-laws. We had also directed to stop all commercial/non-residential constructions in residential areas/plots, prohibited commencement of any new commercial/non-residential user from the date of our order. Construction of apartments in Co-operative Housing Societies and commercial/non-residential use in the same contrary to the terms of land acquisition made by the government and the bye laws of the Society was also prohibited. It was observed that the distinction between residential and commercial areas had been rendered otiose. We had excluded for the present only such commercial/ non-residential constructions which were already complete, occupied and operational since before our order. It was further observed that the individual allegation for construction beyond permissible height in the present case was not an isolated exception but a rampant malady by a mushroom unregulated growth of multistoried apartments in lanes and bye-lanes of Patna town as revealed from the spate of litigations in this regard before this Court. It was not possible for every citizen to approach this Court each time there was a building violation. Complaints made by citizens before the Corporation are ignored. The Court directs consideration of the grievances. The Corporation still does not consider the grievances. A repeat writ application is filed, the Court then asks the Corporation, matters are thereafter reluctantly looked into by the Corporation acknowledging illegal construction. The municipal building bye laws were being followed more in breach than its enforcement. Pursuant to an order passed earlier on 15.11.1996 in another public interest litigation CWJC 2290 of 1990 (Arun Kumar Mukherjee v State of Bihar) prohibiting construction of high rise apartments on roads less than 15 feet wide, an ingenious device was invented by the Municipal authorities to imagine a non-existent state of affairs for passing building plans over reaching the order of the Court. If the road was less than 20 feet in width, the person constructing was asked to leave area to the extent falling short in front of his building to assume that the entire road was 20 feet wide, a fraud on statutory powers by blatant abuse. The building plan would be passed on this non-existent state of affairs. Subsequently the person constructing would either not leave this area after the plan was sanctioned or include it within his own premises raising additional construction on the same with the active connivance of the Municipal authorities who would turn a blind eye to it for reasons very obvious. The result has been that Urban planning in Patna has been reduced to a zig zag road on the same one stretch. The Corporation was directed not issue occupancy certificate under