JUDGMENT :

The present writ petition has been filed for quashing the order dated 02.06.2022 passed by the Appellate Tribunal, Ranchi Regional Development Authority (RRDA), Ranchi in Misc. Appeal No. 31 of 2018 whereby the appeal preferred by the petitioner against the order dated 22.05.2018 passed by the respondent No.2 in U. C. Case No. 163/2015 has been dismissed and he has been directed to deposit a penalty of Rs.1,00,000/- as per the aforesaid order dated 22.05.2018 and to forthwith restore the parking area also directing the respondent No.1 to take decision on the revised building plan submitted by the petitioner, if the same is pending. The petitioner has also prayed for quashing the order dated 22.05.2018 passed by the respondent No.2 in U.C. Case No. 163 of 2015 whereby he was directed to demolish three rooms unauthorizedly constructed on the ground floor of Rajeshwari Apartment, Kalyanpur, Hatia (Ranchi) [hereinafter referred as ‘the said apartment’] in deviation of the sanctioned plan as well as to deposit a penalty of Rs.1,00,000/- under Section 428 of the Jharkhand Municipal Corporation Act, 2011 (hereinafter referred to as ‘the Act, 2011’) and was prohibited to use the said three rooms constructed on the ground floor of the said apartment with an order to forthwith seal the same.

2. Learned counsel for the petitioner submits that the building plan of the said apartment was sanctioned by the R.R.D.A, Ranchi vide B.C Case No. 591 of 2001 as per which, there was to be a staircase and an electrical room followed by a servant room on the ground floor and beyond that, there was certain vacant space left. As per the said sanctioned plan, Floor Area Ratio (F.A.R) of 2.01 was achieved against a permissible F.A.R of 2.5. After sanction of the building plan, the petitioner constructed three additional rooms measuring 45.40 square meter in the vacant space of the ground floor apart from the sanctioned plan. By doing so, he in fact achieved the F.A.R of 2.12 which was within the permissible limit. Thereafter, the petitioner filed an application for revised building plan on 26.05.2016 seeking condonation of deviation in the sanctioned plan on payment of prescribed additional fee, which was an acceptable practice in case certain deviations were found after completion of the buildings. Accordingly, Ranchi Municipal Corporation (RMC), issued receipt to that effect on 22.07.2016.

3. Learned counsel for the petitioner further submits that the petitioner did not make any construction causing impediment in any part of the area earmarked for the parking space. However, a proceeding being U.C. Case No. 163 of 2015 was initiated on the basis of joint complaint made by the respondent Nos. 3 to 8 with respect to the construction made on the ground floor of the said apartment in which the petitioner appeared and filed a detailed reply stating that the alleged deviation was within the condonable limit and the same should be condoned. Accordingly, the petitioner also produced a copy of application dated 26.05.2016 informing that he had applied for sanction of the revised plan online and also brought on record the receipt issued by the R.M.C to that effect. Thereafter, an inspection was conducted by the Junior Engineer, Town Planning Section, RMC, Ranchi on 16.01.2018, who reported that the setbacks of front, rear, Side-I, Side-II of the said apartment were correct, however, on the ground floor, three rooms were constructed apart from servant room and electrical room, which was in deviation of the sanctioned plan. Thereafter, the respondent-RMC kept the application of the petitioner filed for sanction of revised building plan pending and vide order dated 22.05.2018, the respondent No.2 issued direction for demolition of the additional three rooms constructed on the ground floor of the said apartment with further direction to seal the said rooms till demolition of the same. Moreover, a penalty of Rs.1,00,000/- was also imposed upon the petitioner