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2011 Supreme(Jhk) 582

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Prakash Tatia, P.P. Bhatt, JJ.
Baban Choubey – Appellants.
Vs.
The State of Jharkhand and Ors. – Respondent
W.P. (PIL) No. 5388 of 2009
Decided On : 04.07.2011

Headnote:

Public Interest Litigation - Construction Permission - Bihar Regional Development Authority Act, 1974, Section 23 - The court dismissed the writ petition filed as a Public Interest Litigation, finding it to be an abuse of the court process. The court noted the serious dispute regarding the exercise of jurisdiction by the authorities and the flaws in the procedural law governing the planned development of cities. It highlighted the need for the State Government to reexamine the laws and regulations to avoid controversies and corruption in obtaining construction permission. The court directed the State Government to take remedial measures and reconsider the provisions of Appendix M under the Act of 1974.

Fact of the Case:

The writ petition was filed as a Public Interest Litigation alleging unauthorized construction over agricultural land without approval from the regional development authority. The petitioner's contention was that the authority granted post facto permission for construction during the pendency of the petition, leading to a conflict with the municipal corporation's decision.

Finding of the Court:

The court found the petition to be an abuse of the court process, noting that the petitioner's claims contradicted his own pleading and were filed with malafide intent. It dismissed the petition but highlighted the serious dispute regarding jurisdiction and the need for the State Government to reexamine the laws and regulations governing planned development.

Issues: Abuse of court process, jurisdictional dispute between authorities, flaws in procedural law governing planned development

Ratio Decidendi: The court emphasized the need for the State Government to reexamine the laws and regulations governing planned development to avoid controversies and corruption in obtaining construction permission. It directed the State Government to take remedial measures and reconsider the provisions of Appendix M under the Act of 1974.

Final Decision: The writ petition was dismissed, and the State Government was directed to reexamine the laws and regulations governing planned development and take remedial measures.

JUDGMENT

1. By Court Heard learned Counsel for the parties.

2. This writ petition has been filed as Public Interest Litigation before this Court on 20.11.2009 alleging that Petitioner is a respected persons and is not even a primary member of a political party but in the name and style of Rashtriya Hind Sena raises the grievances of citizen facing social atrocities. The Petitioner's contention in the writ petition is that the Respondent M/s. Patliputra Heritage Homes Pvt. Ltd. has started raising construction over a land of Khata No. 63 Plot No. 623 at Mauza Tupudana P.S. Dhurwa, Ranchi without approval of map of said building obtained from Ranchi Regional Development Authority (in short R.R.D.A.). It is submitted that the said plot is situated in the area surrounded by about 200 houses and the residents of those houses will suffer a great loss because of this construction sought to be raised without approval of map from the R.R.D.A. This writ petition was filed before this Court, as stated above, on 20.11.2009 and it remained pending as the defects were not removed and it was listed in the Court on 21.06.2010 obviously for admission after removal of the defects but it was got adjourned then again it was got adjourned on 15.09.2010 and on 30.09.2010 it was brought to the notice of this Court that R.R.D.A. has granted post facto sanction of the building plan obviously of Respondent No. 4. This Court then directed the R.R.D.A. to explain their stand as to under what circumstances they have first rejected the application of the plan seeking permission to raise construction and, subsequently, they took the stand that this plan can be sanctioned. On 16.12.2010 this Court found that R.R.D.A. and Ranchi Municipal Corporation (in short R.M.C.) are at logger head in deciding their area of operation and in relation to the case in hand, R.M.C. had already rejected permission to raise construction and that too on the plea that the land in question is agricultural land and no such sanction can be granted whereas R.R.D.A. has granted sanction. This Court observed that it is not the solitary plan and huge unplanned constructions are coming up in the city. Therefore, the State Government was directed to intervene in the matter and decide the areas of operation of both the agencies, i.e. R.R.D.A. and R.M.C. Then on 07.01.2011 this Court observed that stand taken by the R.R.D.A. is in conflict with the direction of the State Government as stated in the affidavit of the State Government and again directed the State Government to look into the matter and see that the stand taken by the R.R.D.A. in Court is in contradiction with the stand of the State Government and such stand may not be taken in future. Then on 14.03.2011 it was noticed that the State Government has filed the clarification and then on 18.03.2011 it was submitted that State is perusing the Government records regarding earlier notifications and they will clarify it from the State of Bihar also because the earlier orders were passed by the State of Bihar.

3. In the background of these facts and orders referred above, this matter has come up for hearing today before us.

4. Learned Counsel for the Petitioner vehemently submitted that the R.R.D.A. deliberately committed wrong in sanctioning the construction plan of Respondent No. 4 and that has been done in spite of the fact that R.M.C. already refused permission for construction of the building over this very plot and that too on the ground that land is an agricultural land and R.R.D.A. not only granted the construction permission to the Respondent No. 4 but also granted such permission during pendency of this writ petition and furthermore, that permission is post facto permission which is clear from the facts which have been disclosed by the R.R.D.A. It is also submitted that the R.R.D.A. in its first affidavit dated 06.09.2010 shown its ignorance about the sanction of any plan for the building in question over the disputed plot and in a




























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