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2013 Supreme(Pat) 1287

NAVANITI PRASAD SINGH
Anmol Homes Pvt. Ltd. – Appellant
Versus
Patna Municipal Corporation – Respondent


Advocates:
For the Petitioner: Mr. Gautam Kumar Kejriwal.
For the Respondents: Mr. Hargovind Singh Himkar.

ORDER

Heard learned counsel for the petitioner and learned counsel for the Patna Municipal Corporation (for short ‘Corporation’), its Municipal Commissioner and Respondents and with their consent this writ petition is being disposed of at this stage itself.

2. Petitioner is aggrieved by the orders of the Municipal Authorities to stop construction, as after verification conducted on 25.09.2013 measurements were taken, which is on record as Annexure 8, showing various alleged deviations and various alleged contraventions. Petitioner points out that if one looks to the alleged deviations, it would appear that some of them are no deviations, some of them are so nominal that either they can be condoned or they have to be ignored; inasmuch as maximum deviation shown is of 0.65 meters. It is further submitted that the height of building has been wrongly calculated. It is also submitted that by judgment of this Court in case of Anup Kumar Vs. P.R.D.A. being C.W.J.C.No. 2686 of 2003 decided on 04.10.2007, this Court had clearly held that the height of the building has to be determined from the plinth and if this is kept in mind then the alleged excess height is not there. It is then submitted

















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