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2001 DIGILAW 565 (JHR)

Rajendra Roy v. State Of Jharkhand

2001-08-10

D.N.PRASAD, VINOD KUMAR GUPTA

body2001
ORDER 1. A counter affidavit has been filed by the Estate Officer of the Ranchi Regional Development Authority (RRDA). Prom the contents of this affidavit, it is apparent that he construction in question, in the view of RRDA is neither authorised nor in conformity with the provision of law. Actually the RRDA has taken note of the alleged viola- tion in U.C. Case No. 142 of 2001 and has fixed 21st August, 2001 as the date for adjudication. The affidavit also goes to suggest that the RRDA has passed the order stopping the construction. 2. The learned Advocate General appearing for the respondents No. 1 to 3 has stated before us that he has been informed by the Executive Engineer concerned that construction has since been stopped. 3. After hearing the learned counsel for the parties and after considering all relevant aspects of the matter, we dispose of this petition at this stage by observing and directing that the RRDA shall, strictly in accordance with law, act in the matter and pass appropriate orders after hearing the parties. The petitioner, if he so likes, may also assist the RRDA in disposal of the aforesaid Unauthorised Construction Case. The order passed by the RRDA shall be carried to its logical conclusion with all consequences. 4. Mr. Tapan Sen, learned counsel for the RRDA has submitted that in this case and several other cases, the RRDA on detection of unauthorised constructions requests the District Administration and the District Police to render assistance to the RRDA in initiating actions against the defaulters, but more often than not such help is not provided to the RRDA. 5. This is not an individual case. This is a public interest litigation matter. Therefore, we have no hesitation whatsoever in taking this opportunity of issuing a general direction to the District Magistrate/Deputy Commissioner and the Senior Superintendent of Police, Ranchi to the effect that if and when RRDA approaches them with a request for providing help and assistance in the execution of the tasks assigned to it under the Bihar Regional Development Authority Act, 1981 and in carrying out the responsibility entrusted to it under the said Act, these two officials shall ensure that prompt help and assistance is provided to the RRDA. 6. The petition is disposed of. 7. Let a copy of this order be handed over to Mr. 6. The petition is disposed of. 7. Let a copy of this order be handed over to Mr. Tapan Sen, learned counsel for the RRDA. 8. Petition disposed of.