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HARISH KUMAR
Sarika Kumar Sinha, D/o Sri Girishwar Nath – Appellant
Versus
Chairman, Municipal Building Tribunal Patna – Respondent
JUDGMENT :
HARISH KUMAR, J.
Heard Mr. Ankit Katriar, learned counsel for the petitioner and Mr. Prasoon Sinha, learned counsel representing the Patna Municipal Corporation.
2. The petitioner, claimed to be the owner of Flat No. 501 in the subject Apartment, namely, “Prashray Villa”, filed the present writ petition by invoking the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India seeking quashing of the order dated 28.04.2022, passed in Appeal No. 5(S) of 2019, by which the learned Municipal Building Tribunal has been pleased to dismiss the petitioner’s impleadment petition.
3. It is submitted on behalf of the petitioner that the building, in question, in which the petitioner is one of the occupant, was constructed in terms of the revised approved building plan/map dated 27.05.2009 (Annexure-P/1). A complaint was filed by one Sanjeev Kumar Pandey and other flat owners of the subject apartment that builder has constructed two additional floors after the construction plan/map, besides other alleged irregularities, which resulted into institution of Vigilance Case No. 26B of 2015. The aforesaid Vigilance Case No. 26B of 2015 was disposed of vide o
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....
Civil Law - Unauthorized construction - Jurisdiction of Court - Empowering courts to summarily dismiss a suit - When court had no jurisdiction to try case, ad-interim injunction cannot be granted.
Civil suits challenging demolition orders for unauthorized construction are not maintainable where specific provisions of the DMC Act provide for an appellate forum, reinforcing the jurisdictional li....
The petitioner has a remedy of appeal and the writ petition is dismissed.
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