Back
SHREE CHANDRASHEKHAR, ARUN KUMAR RAI
V. K. S. Realty – Appellant
Versus
Rinki Yadav, wife of Ajay Kumar – Respondent
Certainly. Please specify the legal question or issue you would like me to address based on the provided document.
JUDGMENT :
Shree Chandrashekhar, ACJ.
After the adverse decisions by the Municipal Commissioner and the Appellate Tribunal, seven flat-owners of the Ratan Heights had joined hands with the Society and approached the writ Court by filing W.P.(C) Nos. 5734 of 2022, 341 of 2023 and 1420 of 2023. They were aggrieved by the sanction of a new building plan on 14th February 2022 on a part of the property which according to them was earmarked for common facilities for the flat-owners. This batch of the Letters Patent Appeals seeks to challenge the directions passed by the writ Court in the proceedings taken out by the Ratan Heights Residential Society,[hereinafter referred as “Society”] and the flat-owners.
2. In W.P.(C) No. 5734 of 2022 and batch cases, the writ Court passed the following directions:
(i) The order dated 06.09.2021 passed by the Municipal Commissioner, Ranchi Municipal Commissioner, Ranchi to the extent of holding that the original building plan for construction of residential building 'Ratan Heights' was sanctioned pursuant to the development agreement executed for 40 kathas of
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.
The court affirmed the authority of the Municipal Commissioner to regularize construction and condemned the complainant's repeated legal challenges as an abuse of process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
