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HARISH KUMAR
Zeenat Praveen – Appellant
Versus
Municipal Building Tribunal II, Patna – Respondent
Harish Kumar, J. – Heard Mr. Salahuddin Khan, learned counsel appearing on behalf of the petitioner and Mr. Prasoon Sinha, learned counsel for the Patna Municipal Corporation.
2. The petitioner, by invoking the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, is seeking quashing of the order dated 12.01.2016 passed in Municipal Building Appeal No. 49 of 2014 by the Municipal Building Tribunal II, Patna (Annexure-8 to the writ petition), as also the order dated 15.07.2014 passed in Vigilance Case No. 56A of 2013 by the Patna Municipal Commissioner (Annexure-7 to the writ petition) under which direction was given to demolish the construction of the house/shop of the petitioner at her own cost.
3. The short facts, which led to filing of the present writ petition is that the late husband of the petitioner has purchased one old building/land measuring 510 sq. ft. vide sale deed dated 02.03.2007 (Annexure-1). Out of the aforesaid building/land, the portion admeasuring 152.65 sq. ft. was sold to one Shaukat Ali vide sale deed dated 30.03.2013 by the late husband of the petitioner and the petitioner along with his family has been coming in the pea
An order affecting a person's rights is effective only when communicated, starting the limitation period from that date, not the date of the order itself.
The main legal point established in the judgment is the importance of adhering to building rules and not permitting unauthorized construction to remain. The court emphasized the need to implement val....
The right to property includes the right to be heard before any deprivation occurs, and individuals with a legitimate interest in property must be allowed to appeal against orders affecting their rig....
The petitioner has a remedy of appeal and the writ petition is dismissed.
An unauthorized construction is liable to be demolished, and the municipal authorities are not bound to regularize the same.
The court emphasized the importance of planned development and the need to address unauthorized constructions. It also highlighted the right of the petitioners, as owners, to be heard before the orde....
The duty of the municipal authority to ensure prompt demolition of unauthorized constructions and the precedence of the order of a higher court over that of a subordinate court.
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