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1998 DIGILAW 261 (PAT)

Dayanand Roy v. State of Bihar

1998-03-25

CHOUDHARY, S.N.MISHRA

body1998
In this writ application the grievance of the petitioner is that the respondent authority has put the red mark to the extent of 4'-9" on the western wall of the petitioners house for the purpose of demolition on the assumption that the petitioner has encroached upon the public land while constructing the house. It is stated that the house has been constructed strictly in accordance with the sanctioned plan. In support of hit submission learned counsel for the petitioner relied upon the sanctioned plan. a copy of which is made Annexure-2 to this writ application and a specific statement has been made to this effect in paragraph 6 of this writ application learned counsel submits that in spite of the construction having been made in accordance with the sanctioned plan the respondent P.R.D.A. is bent upon demolishing the construction to the extent as mentioned above. Having regard to the relief sought for in this writ application, this Court at this stage, is not in a position to pass any positive order with respect to the prayer made in this writ application Accordingly, the petitioner if so advised may file a representation before the respondent Vice-Chairman of the P.R.D.A. enclosing therewith the sanctioned plan, within two week from today and the respondent Vice-Chairman of the P.R.D.A will get the alleged encroachment measured by a competent person in presence of the petitioner who will submit a report to the respondent Vice-Chairman. On receipt of such report, the respondent Vice-Chairman shall hear the petitioner and/or his representative and dispose of the representation in accordance with law. Ultimately, if it is found on such report that the petitioner has encroached the public land and/or deviated from the sanctioned plan, the petitioner shall be allowed to remove the alleged encroachment to the extent found on such measurement within 48 hours, failing which the respondent authority shall remove the same and the cost of demolition, if any, shall be realised from the petitioner. It is, however made clear that if the construction, in question, has been made strictly ill accordance with the sanctioned plan, the respondent authority will not demolish the construction only for the purpose of widening the road. Till the final order is passed the status quo as of today shall be maintained this disposes of the instant writ application let a copy of this order be given to Mr. Till the final order is passed the status quo as of today shall be maintained this disposes of the instant writ application let a copy of this order be given to Mr. R.P. Singh, learned Senior Counsel, appearing on behalf of the respondent P.R.D.A.