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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Ratan Heights Residential Society, Ranchi and Anr. – Petitioners
Versus
Ranchi Municipal Corporation, through its Municipal Commissioner-cum-Chief Executive Officer and Ors. - Respondents
W.P. (C) No.5734 of 2022 With W.P. (C) No.341 of 2023 With W.P. (C) No.1420 of 2023
Decided On : 13-07-2023
| Table of Content |
|---|
| 1. petitioners seeking quashing of municipal approvals. (Para 1 , 2 , 3) |
| 2. background facts regarding land ownership and construction. (Para 4 , 5 , 6 , 7) |
| 3. arguments on construction violations and jurisdiction issues. (Para 8 , 9 , 10 , 11) |
| 4. court's observations on procedural irregularities. (Para 12 , 13 , 14) |
| 5. arguments presented by flat owners and their rights. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 6. discrepancies highlighted in sales deeds. (Para 21 , 22 , 23 , 24) |
| 7. potential hazards from construction activities. (Para 25 , 26) |
| 8. intervenors stressing property rights and safety. (Para 30 , 31) |
| 9. landowners defending their actions regarding construction. (Para 32 , 33 , 34 , 35) |
| 10. legal complexities around authority and jurisdiction. (Para 38 , 39) |
| 11. court's conclusions quashing improper permits. (Para 45 , 46 , 95) |
| 12. significance of municipal and development agreements. (Para 61 , 62 , 63) |
| 13. final ruling on the illegal construction and restoration orders. (Para 64 , 65) |
ORDER :
1. W.P.(C) No.5734 of 2022 has been preferred by Ratan Heights Residential Society through its Secretary for quashing and setting aside the order dated 29.9.2022 passed in Misc. Appeal No.13 of 2022 by the Chairman, Appellate Tribunal, Ranchi Regional Development Authority, Ranchi, whereby the appeal filed by the petitioners against the order/decision as contained in memo no.RMC/BP/1637/W03/2019 dated 14.2.2022 passed by the respondent no.2, granting permission to the landowners for construction/reconstruction/alteration of new building as well as alteration or addition in the existing building over the Plot No.(CS) 218, Plot No.(MSP) 218 under Khata No.170/36 situated at Village-Morhabadi, District-Ranchi, has been held to be pre-mature and not maintainable giving liberty to the petitioners to put their grievance within one month by filing objection against the order dated 14.02.2022 before the Ranchi Municipal Corporation.
2. W.P.(C) No. 341 of 2023 has been preferred by Ratan Heights Residential Society through its Secretary for quashing/setting aside the order dated 29.07.2022 passed in Misc. Appeal No. 35 of 2021 by Chairman, Appellate Tribunal, Ranchi Regional Development Authority, Ranchi, whereby the said appeal filed by the petitioners against the order dated 06.09.2021 passed by Municipal Commissioner, Ranchi- respondent no.2 in U.C. Case No.29 of 2019 has been dismissed.
3. W.P.(C) No. 1420 of 2023 has been preferred by some of the flat owners of Ratan Heights Apartment, Morabadi, Ranchi for the following reliefs:
(ii) For quashing/setting aside the order dated 06.09.2021 passed by Municipal Commissioner, Ranchi Municipal Corporation in U.C. Case No. 29 of 2019 to the extent, in substance, it has been held that the original building plan for construction of residential building 'Ratan Heights' was sanctioned pursuant to development agreement executed between the land owners and developer only on 40 kathas of land as opposed to 86 kathas of land and, thereafter, it has been held that landowners can apply for sanction of fresh building plan over remaining 46 kathas of land, appertaining to plot no.(CS) 218, plot no.(MSP) 218, Khata no.170/36, village Morhabad, Ranchi.
(iii) For quashing/setting aside Building Permit/Plan issued vide Memo No. RMC/BP/1637/W03/2019 dated 14.02.2022, whereby Respondent-Ranchi Municipal Corporation had sanctioned commercial-cum-residential building plan over the remaining 46 kathas of land.
(iv) For restraining the respondents particularly respondent no. 10 and respondent nos. 13 to 17 from making
The court affirmed that flat owners have a permanent right to common areas as defined under the Jharkhand Apartment (Flat) Ownership Act, and any unauthorized construction infringing on these rights ....
Point of law: writ petition was not barred by either on the principles of res judicata or constructive res judicata. In the peculiar facts of the case since the issues referred to supra namely issue ....
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.
Consent of existing flat owners is mandatory for modifications to original building plans under relevant statutes, and failure to secure such consent renders subsequent constructions illegal.
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