The court affirmed that denial of building permit based on erroneous document requirements violates the fundamental rights to shelter and livelihood under Articles 19(1)(g) and 21 of the Constitution.

JUDGMENT :

PURNENDU SINGH, J.

Heard Mr. Mrigank Mauli, learned senior counsel along with Mr. Pratik Kumar Sinha, learned counsel appearing on behalf of the petitioner; Mr. Subhash Prasad Singh, learned GA-3 for the State and Mr. Indu Bhushan Singh, learned counsel for the Patna Municipal Corporation.

2. The petitioner has sought for the following reliefs in Para-1 of the writ petition:

(i) To issue order / orders or writ / writs or direction / directions preferably a writ of mandamus upon the respondent no.4, Municipal Commissioner, Chapra Municipal Corporation directing him to forthwith sanction the Building Plan (Map) for construction of a residential-cum-commercial building on his piece of land having an area of 5586 sq. feet bearing holding no. 716, under Circle no. 16 and Ward No. 22 as in absence of the same, the petitioner is not able to construct his residential-cum- commercial building and thereby is not only being deprived of his inalienable and inviolable right of "Right to Shelter" guaranteed under Article 21 but is also being deprived of his fundamental right of right to carry occupation, trade or business guaranteed under Article 19 (1) (g) of the Constitution of India;

(ii) To issue an appropriate writ/writs or order/orders or direction/directions, preferably a writ of certiorari quashing and setting aside the decision of the respondent no. 9, Municipal Commissioner, Chapra as contained in letter no. 2823 dated 14/9/2023 by which on an application filed by the petitioner seeking sanction of Building Plan (Map) for a piece of land having an area of 5800 sq. feet bearing holding no. 716 under Circle no. 16 and Ward No. 22 has been rejected on the non est ground that the respondent no. 10, Junior Engineer, Municipal Corporation, Chapra did not find the rent receipt, land possession certificate and other documents pertaining to the said land to be in consonance with the check list;

(iii) To issue further order/orders or writ/writs or direction/directions directing the respondent authorities to grant him further relief as the petitioner may be entitled to in the attending fact and circumstances of the case to see the ends of Justice.

ARGUMENT

3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is coming into continuous possession of land measuring total area of 5800 sq. feet (12.823 dec.) falling under Chapra Municipal Corporation bearing holding no. 716, situated in ward no.2, under circle no.16 in the district of Saran. The aforesaid piece of the land was purchased by the petitioner and his wife, namely Bibha Sharma, by two registered sale-deeds. By the first registered sale-deed dated 22.06.2006, the petitioner purchased a part of the aforesaid piece of land measuring an area of 200 sq. feet from one Smt. Pratibha Verma. Similarly, the remaining area of the aforesaid piece of land,