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1992 DIGILAW 384 (PAT)

Basanta Chandra Ghose v. State of Bihar

1992-10-22

B.C.BASAK, CHOUDHARY, S.N.MISHRA

body1992
JUDGMENT It appears that there is some misunderstanding in respect of the order passed on the report of the Committee as per our directions. However, we think that though in this case the P. R. D. A. has not acted properly, but they have bonafide and genuine doubt as to the scope of our order. The matter now stands checked and verified and the P. R. D. A. has stated that they have got no further objection or doubt about the matter. Now this matter is being clarified by this order. The learned Advocate appearing on behalf of the P. R. D. A. has stated that in view of such clarification the P. R. D. A. have nothing further to say in the matter. The position has been made absolutely clear by the order passed by us on 24th February, 1992 which makes reference to the report contained in Annexure -B. By the said order, we disposed of the said application in the manner indicated therein. This order was passed on the basis and approval of the report. The port of the Committee was upon the personal inspection of the site by all concerned including the Vice Chairman of P. R. D. A. This order was not objected to by the P. R. D. A. The present question is regarding replacement of the asbestos roof of the garrage by R. C. C. Admittedly, the position is that this Garage is on the land of the petitioner himself, and there is no question of any encroachment. In our opinion, the acceptance/implementation of the report as directed by our order dated 24th February, 1992 also allows the petitioner to replace asbestos sheet of the garrage by placing R. C. C. Slabs, and also other matters as specified in the report contained in Annexure-B. In that view of the matter, no fresh order is required to be passed by the Court or, by the P. R. D. A. and no further approach to or any permission by the P. R. D. A. is necessary, so far as replacement of the asbestos sheet by R. C. C. and other minor constructions referring in the report are concerned. Accordingly, this matter having been clarified it is not necessary to pass any other or any fresh order. Accordingly, this matter having been clarified it is not necessary to pass any other or any fresh order. However, we make it clear that this order will not prevent the P. R. D. A. or any other competent authority to take appropriate action regarding acquisition and requisition of &any such garrage in accordance with law. This application is disposed of accordingly. Application disposed.