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2018 Supreme(Jhk) 481

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Rohtas Munda - Appellant
Versus
Ranchi Municipal Corporation and Ors. - Respondent
WP(C) No. 7274 of 2017
Decided on : 17-01-2018

Advocates:
Advocate Appeared:
For the Appellant : Sumeet Gadodia
For the Respondent: Prashant Kumar Singh

Headnote:Jharkhand Urban Area Dharamshala, Marriage Hall, Banquet Hall, Lodge, Hostel Construction and Licence Rules, 2013 - The challenge was made to direct the petitioners in submitting the building maps and to install the composition of marriage halls - banquet halls are made for public and also with their safety measures in it - since the building plan of petitioner for the marriage hall was not sanctioned so he was directed to submit a new plan of the same building.

ORDER :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for quashing the Letter No. 2694 dated 3.12.2017 (Annexure-6 to the writ petition) whereby, the Ranchi Municipal Corporation has directed the petitioner to submit the sanctioned building map and also to install the decentralized composition machine, failing which the petitioner's license for running the marriage hall known as "Celebration Marriage Hall" will be suspended/cancelled. Learned counsel for the petitioner submits that the decentralized composition machine has already been installed in the premises in question recently in compliance with the relevant provisions of the Solid Waste Management Rules, 2016.

2. In view of the said submission of learned counsel for the petitioner, no order is being passed regarding installation of the decentralized composition machine in the premises in question. However, the Ranchi Municipal Corporation may inspect the said premises of marriage hall in order to verify installation of the decentralized composition machine, as submitted by learned counsel for the petitioner.

3. Learned counsel for the petitioner further submits that vide the impugned Letter No. 2694 dated 3.12.2017, the petitioner has been directed by the Ranchi Municipal Corporation to submit the sanctioned building plan and in absence of the same, his license for running a marriage hall will be suspended. It is further submitted that as per the Jharkhand Urban Area, Dharamshala, Marriage Hall, Banquet Hall Lodge and Hostel Construction and License Rules, 2013 (hereinafter referred to as 'the Rules, 2013'), there are specific provisions for grant of license for construction of marriage hall and other establishments and at the time of grant of the said license, its building plan is required to be submitted by one or the other persons intending to obtain the said license. The license for running a banquet hall has been granted to the petitioner only after approval of its building plan as per the Rules, 2013 and as such there is no further requirement under the law to get a separate building plan sanctioned under the provisions of the Jharkhand Municipal Act, 2011 read with the building bye-laws framed thereunder. Thus, after issuance of the said license to the petitioner by the Ranchi Municipal Corporation, it would be presumed that the building plan submitted by the petitioner at the time of making application for issuance of the said license, has already been sanctioned.

4. Mr. Prashant Kumar Singh, learned counsel for the Ranchi Municipal Corporation, while relying on the counter affidavit filed on behalf of the respondent Nos. 1 to 3, submits that Rule 4 of the Rules, 2013 provides that under the Jharkhand Municipal Act, 2011 and the bye-laws framed thereunder, prior permission and sanction of building plan should be obtained before construction of Dharamsala, marriage hall, banquet hall, lodge and hostel. Since the building plan of the premises in question has not been sanctioned by the Ranchi Municipal Corporation as yet, the petitioner is required to get its building plan approved/sanctioned by the Ranchi Municipal Corporation.

5. Be that as it may, it appears that the building plan of the marriage hall premises in question submitted by the petitioner before the Ranchi Municipal Corporation at the time of making application for issuance of the said license, has not yet been sanctioned by the Ranchi Municipal Corporation. A banquet hall is constructed for the use of the public at large and there cannot be any compromise with the safety aspects of the same.

6. The Hon'ble Apex Court in the case of Friends Colony Development Committee vs. State of Orissa reported in (2004) 8 SCC 733, has observed as under:

"22. In all developed and developing countries there is emphasis on planned development of cities which is sought to be achieved by zoning, planning and regulating building construction activity. Such planning, though highly complex, is a matter based on sc
















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