JUDGMENT :

1. The present writ petition has been filed for quashing the order dated 29th June, 2022 (Annexure-5 to the writ petition) passed by the Appellate Tribunal, Ranchi Regional Development Authority, Ranchi in Misc. Appeal No.34 of 2017, whereby the appeal preferred by the petitioner against the order dated 5th October, 2017 (Annexure-3 to the writ petition) passed by the Municipal Commissioner, Ranchi Municipal Corporation, Ranchi- respondent no.2 in U.C. Case no.127 of 2016 has been dismissed, affirming the said order.

2. The learned counsel for the petitioner submits that the petitioner constructed a multi-storied commercial building at Village Lalpur, P.S Lalpur District Ranchi after getting the map of the said building sanctioned by Ranchi Regional Development Authority (RRDA) vide B.C. Case No.1135 of 2003. An inspection was carried out in the building premises of the petitioner and on the basis of the report of Sub-committee constituted at the level of RRDA an unauthorized construction case being U.C Case No.127 of 2016 was lodged and finally vide order dated 05.10.2017 passed by the respondent no. 2 a penalty of Rs. 8.00 Lac was imposed upon the petitioner in exercise of the power under section 428 of the Jharkhand Municipal Act, 2011 and the said penalty was directed to be deposited in the fund of the Ranchi Municipal Corporation within 30 days. The respondent no.2 further directed the petitioner to remove the temporary shed existing in the right and rear setback of the basement as well as to restore the parking space of four-wheeler vehicle within 30 days. Aggrieved thereby, the petitioner preferred appeal before the Appellate Tribunal, RRDA, Ranchi which was registered as Misc. Appeal No.34 of 2017 and vide order dated 29.06.2022 the said appeal was dismissed and the order passed by the respondent no.2 was affirmed.

3. The main submission of learned counsel for the petitioner is that though the respondent no.2 while passing the order dated 5th October, 2017 condoned the deviation with respect to the plinth covered area finding the same to the extent of 6.59% i.e. within the condonable limit of 20% and directed the petitioner to submit revised building plan, however, he arbitrarily imposed penalty of Rs.8.00 lac. The said aspect was not properly considered by the Appellate Tribunal, Ranchi Regional Development Authority, Ranchi (in short ‘RRDA’) while passing the impugned order dated 29th June, 2022 in Misc. Appeal No.34 of 2017.

4. Learned counsel for the petitioner further submits that as per the provision of Section 428 of the Act, 2011, the owner or occupier or any person responsible for construction of a building or structure of permanent nature or commencement of construction in contravention, breach, or deviation of building regulation is liable to pay a penalty of minimum of one lakh rupees which may extend up to ten lakhs rupees, depending upon size of the building or structure and extent of deviation. Since extent of deviation is only 6.59% of the plinth covered area, the amount of penalty should have been in that proportion.

5. On putting question to the learned counsel for the petitioner, as to what should have been the justified amount of penalty, he does not answer the said query with certainty yet submits that the penalty amount of Rs.8.00 lac is on a much higher side as the highest limit of penalty in such a situation has been fixed at Rs.10.00 lac in terms with Section 428 of the Jharkhand Municipal Act, 2011 (hereinafter to be referred as ‘the Act, 2011’).

6. To appreciate the contention of the learned counsel for the petitioner it would be proper to refer section 428 of the Act, 2011, which reads as under:-

“428. Construction of building in contravention of building regulation- Any building or structure of permanent nature which has been constructed or construction has commenced in contravention or breach or deviation of building regulation shall be liable to be demolished.

Provided that the owner o