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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Alok Kumar – Appellant
Versus
Ranchi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. overview of the petitioner's land acquisition and application for building plan. (Para 1 , 2) |
| 2. petitioner's claim of fulfilling criteria and seeking approval for building plan. (Para 3 , 5) |
| 3. details on the refusal of the building plan due to new master plan implementation. (Para 4 , 6) |
| 4. submission of arguments by the appellant highlighting erroneous factors in denial. (Para 8 , 10) |
| 5. court's need to consider the implications of previous approvals and applicable laws. (Para 12 , 13) |
| 6. analysis of the jurisdiction of the town planner in the decision-making process. (Para 14 , 36 , 40) |
| 7. final decision to quash previous orders and mandate completion of planning process. (Para 44 , 46 , 48) |
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer:
1. The instant appeal under Clause 10 of the Letters Patent is directed against the order/judgment dated 23.04.2024 passed by learned Single Judge of this Court in W.P.(C) No. 6003 of 2016, whereby and whereunder, the decision so taken by the authority as contained in letter no. 1395 dated 14.07.2016 passed by the Town Planner, Ranchi Municipal Corporation has been refused to be interfered with.
2. The brief facts of the case as per the pl
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.
Point of law: Rule which has to be applied is the one which is in force at the time of issuance of the permit and not the rule that was in force at the time of submission of the application.
Prior development permissions granted under repealed rules remain valid despite subsequent regulatory changes, and cannot be revoked retroactively by new laws.
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 ....
Municipality - Building Permission - Applicability of Town planning Scheme - When there is a scheme in force, scheme will have predominance over other statutory provisions and rules thereto, which th....
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