SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(Jhk) 689

D.N. PATEL, J.
Jamila Khatoon .... Petitioner
vs.
Ranchi Regional Development Authority, Ranchi & Ors. ... Respondents
WP(C) No. 1919 of 2009
Decided on : 5.5.2009

Advocates appeared:
For the Petitioner: M/s Delip Jerath, Rajesh Kumar.
For the RRDA : Mr. Arvind Kr. Singh.

Headnote:Bihar Regional Development Authority Act, 1981—Section 18—Revised plans—Plans suffering due to lack of appointment of high ranking officers—Due to non-appointment a city can not stay its development or stall—respondent is directed to take immediate steps for appointments at earliest—Petitioner is directed to submit Punchnama to be filed in Court with colour photographs clearly stating nature of construction so far carried out and not to mark further construction. (Paras 7 to 10)

Order

I have heard learned counsel appearing on behalf of the petitioner, who has vehemently submitted that because of lack of appointment of the high-ranking officers in respondent no. 1, the revised plans which were presented before respondent no. 1, from November, 2008, have yet not been approved or disapproved by respondent no. 1 and, therefore, the petitioner has o face a lot of difficulties, including sealing as well as demolition of the property, III question.

2. Learned counsel for the petitioner has also submitted that looking to the further development in the matter, the Secretary, Urban Development Department, Government of Jharkhand, Ranchi, may be permitted to be joined as respondent no. 4 to the present writ petition.

3. Permission, as prayed for, is wanted. Notice to the newly added party i.e. respondent no. 4.

4. Learned counsel for the respondents waives notice on behalf of the newly added respondent no. 4 also. Amendment shall be carried during course of the day.

5. It is submitted by the learned counsel appearing for respondent no. 1 that it is true that enough time has lapsed after receiving the revised development plan, but, it is because of the paucity of the high ranking officers like, Executive Engineer, who is a Technical Officer, Town Planner, who is also having a technical know-how about FSI and such other calculations, which is useful for approval or disapproval of the plans and likewise, the Vice-Chairman of respondent no. 1, who is a final authority under Section 37 of the Bihar Regional Development Authority Act, 1981 (now Jharkhand Regional Development Authority, Act) and, therefore, three months' time may kindly be granted as an outer limit, so as to take a decision upon the revised development plans, presented by the petitioner before respondent no. 1. Meanwhile, proper steps will be taken for stopping the activities of unauthorized constructions.

6. It is also vehemently submitted by the learned counsel for respondent no. 1 that, in fact, the Junior Engineer is responsible for making a report to the high ranking officers of respondent no. 1 about unauthorized constructions. In this case, no such report has been given by the Junior Engineer and, therefore, the high ranking officers of respondent no. 1 will take appropriate action and the same will be brought to the notice of this Court before the next date of hearing.

7. In view of the aforesaid submissions, I hereby direct the newly added party i.e. respondent no. 4 (Secretary, Urban Development Department, Government of Jharkhand, Ranchi) to depute the aforesaid officers in respondent no. 1, as early as possible and without any loss of time, because the functions of Ranchi Regional Development Authority is vital in nature. It is their statutory duty under the Jharkhand Regional Development Authority Act to approve or disapprove the development plans. Development of the city cannot be stayed or stalled by non-appointment of these officers.

8. It is submitted by the Secretary, In-charge of respondent no. 1, who is present today before this Court that unless these officers are present in respondent no. 1 Authority and posted, final approval or disapproval to the development plans cannot be granted.

9. It is expected from the high ranking officer, who is Secretary, Urban Development Department, Government of Jharkhand, Ranchi, and who is a newly added party to the present writ petition, that he shall take immediate steps for appointment by way of transfer or otherwise, of the aforesaid officers in respondent no. 1 Authority. This Court is not passing any mandatory order and is awaiting for reaction of the Secretary, Urban Development Department, Government of Jharkhand, Ranchi, till next date of hearing, so that respondent no. 1 can perform its statutory duties and I hereby direct respondent no. 1 to take final decision within three months from the date of receipt of a copy of the order of this Court, upon revised development plans, presented by




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top