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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Shyam Chandra Sharma, Son of Late Ramnaresh Sharma – Appellant
Versus
State of Bihar through the Additional Chief Secretary, Urban Development and Housing Department, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioner's rights and application overview. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. municipal corporation's grounds for application rejection. (Para 9 , 10 , 11 , 12) |
| 3. court's direction for clarification of land status. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. legal precedent relating to un-surveyed land. (Para 20 , 21 , 22 , 23 , 24) |
| 5. legal frameworks governing land registration and rights. (Para 25 , 26 , 27 , 28 , 29 , 30) |
| 6. building application requirements under the law. (Para 31 , 32 , 33 , 34 , 35) |
| 7. legal considerations regarding land ownership and mutation. (Para 36 , 37 , 38 , 39 , 40) |
| 8. court's stance on impossibility of compliance with unlawful directives. (Para 41 , 42 , 43 , 44 , 45) |
| 9. judiciary's jurisdiction in cases with alternative remedies. (Para 46 , 47 , 48 , 49 , 50) |
| 10. court's ruling on granting building plan based on legal principle. (Para 51 , 52 , 53 , 54 , 55) |
| 11. purpose and requirements for building plan applications. (Para 56 , 57 , 58) |
| 12. court's decision to quash previous rejection. (Para 59) |
| 13. final resolution and directions from the court. (Para 60 , 61 , 62) |
JUDGMENT :
PURNENDU SINGH, J.
Heard Mr. Mrigank Mauli, learned senior coun
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....
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.
Fraud in obtaining building permits triggers action under Section 7-A alongside ongoing proceedings under Section 10 of the Regulation of Building Operations Act, establishing non-mutual exclusivity ....
Point of law: There is a presumption that public officials would discharge their duties honestly and in accordance with law. Even administrative power to be exercised to fulfill real purpose and not ....
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