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ASHWANI KUMAR SINGH, NAWNEET KUMAR PANDEY
Patna Municipal Corporation – Appellant
Versus
State of Bihar – Respondent
ASHWANI KUMAR SINGH, J.:–Heard Mr. Bindhyachal Singh, learned senior counsel for the petitioners, Mr. Suraj Samdarshi, learned counsel for respondent no.5 and Mr. Rajiv Kumar Singh, learned counsel for the respondent no.6.
2. In the instant case, the petitioners have prayed for quashing of the order dated 12.09.2018, passed by the Municipal Building Tribunal-1(respondent no.3) in Appeal No. 12 (North Bihar) of 2016 arising out of Vigilance Case No. 172A of 2014 by which the respondent no.3 has modified the order dated 29.08.2016 passed by the Patna Municipal Commissioner (petitioner no.2) in Vigilance Case No. 172A of 2014 with following observations and directions:—
“This Tribunal comes to the conclusion that calculation of condonable and demolishable set-back area is erroneous and not correct and it should be done as per prescribed procedure of calculation as stated in above para. The averment and submission made by the appellant’s counsel is acceptable in the light of the provisions made in Section 317 of the Bihar Municipal Act, 2007, para- 11(1), Appendix-L and M of the Modi
Accrued rights from previous land use approvals must be respected despite new regulations; Town Planner's jurisdiction to deny building plan approval was not established.
The main legal point established in the judgment is that the Corporation Officers must comply with the principles enshrined in Article 14 of the Constitution of India, treat everyone equally, and not....
The judgment underscores the importance of adhering to local building regulations and the authority of local bodies to enforce compliance.
The court upheld the municipality's authority to regularize a revised building plan for a fourth floor, concluding the petitioner's challenge was unmaintainable due to lack of contest against the rev....
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