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2018 Supreme(Jhk) 942

RAJESH SHANKAR
B. P. Sinha (Binod Prasad Sinha), Son of Late Dwarika Nath Sinha – Appellant
Versus
Ranchi Municipal Corporation through Chief Executive Officer – Respondent


Advocates Appeared:
For the Petitioner:Mr. Siddhartha Ranjan, Advocate.
For the Respondent:Mr. Ray Rajat Nath, Advocate.

ORDER :

The present writ petition has been filed for quashing the order dated 27.03.2018 as contained in memo no. 497 dated 19.04.2018 issued by the respondent no. 2 – the Municipal Commissioner, Ranchi in U.C. Case No. 125 of 2015 (Annexure-5 to the writ petition), whereby a penalty of Rs. 50,000/- has been imposed upon the petitioner with a further direction to demolish the non-condonable deviation of 22% in rear side of the building as per the building plan which was already sanctioned and regularised previously under the provisions of Jharkhand Regularization of Unauthorized/Deviated Constructions through Regularization Fee in Urban Areas Act, 2011 and thus, any subsequent proceeding initiated and the order passed under the Jharkhand Municipal Act, 2011 (hereinafter referred to as “the Act, 2011”) is illegal and non est in the eye of law.

2. The learned counsel for the petitioner submits that the petitioner purchased a house with land by way of a registered sale-deed dated 02.07.1996 from the Ranchi Planners’ Co-operative Society Ltd., Ranchi having an area of 2.88 katthas/2077 sq.ft. with a built up area of 1000 sq.ft. situated at Village-Kathargonda, P.S.-Gonda, Khata No. 134,















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