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Jharkhand High Court · body

2009 DIGILAW 698 (JHR)

Jamila Khatoon v. Ranchi Regional Development Authority, Ranchi

2009-05-05

D.N.PATEL

body2009
Order I have heard learned counsel appearing on behalf of the petitioner, who has vehemently submitted that because of lack of appointment of the high-ranking officers in respondent no. 1, the revised plans which were presented before respondent no. 1, from November, 2008, have yet not been approved or disapproved by respondent no. 1 and, therefore, the petitioner has o face a lot of difficulties, including sealing as well as demolition of the property, III question. 2. Learned counsel for the petitioner has also submitted that looking to the further development in the matter, the Secretary, Urban Development Department, Government of Jharkhand, Ranchi, may be permitted to be joined as respondent no. 4 to the present writ petition. 3. Permission, as prayed for, is wanted. Notice to the newly added party i.e. respondent no. 4. 4. Learned counsel for the respondents waives notice on behalf of the newly added respondent no. 4 also. Amendment shall be carried during course of the day. 5. It is submitted by the learned counsel appearing for respondent no. 1 that it is true that enough time has lapsed after receiving the revised development plan, but, it is because of the paucity of the high ranking officers like, Executive Engineer, who is a Technical Officer, Town Planner, who is also having a technical know-how about FSI and such other calculations, which is useful for approval or disapproval of the plans and likewise, the Vice-Chairman of respondent no. 1, who is a final authority under Section 37 of the Bihar Regional Development Authority Act, 1981 (now Jharkhand Regional Development Authority, Act) and, therefore, three months' time may kindly be granted as an outer limit, so as to take a decision upon the revised development plans, presented by the petitioner before respondent no. 1. Meanwhile, proper steps will be taken for stopping the activities of unauthorized constructions. 6. It is also vehemently submitted by the learned counsel for respondent no. 1 that, in fact, the Junior Engineer is responsible for making a report to the high ranking officers of respondent no. 1 about unauthorized constructions. In this case, no such report has been given by the Junior Engineer and, therefore, the high ranking officers of respondent no. 1 will take appropriate action and the same will be brought to the notice of this Court before the next date of hearing. 7. 1 about unauthorized constructions. In this case, no such report has been given by the Junior Engineer and, therefore, the high ranking officers of respondent no. 1 will take appropriate action and the same will be brought to the notice of this Court before the next date of hearing. 7. In view of the aforesaid submissions, I hereby direct the newly added party i.e. respondent no. 4 (Secretary, Urban Development Department, Government of Jharkhand, Ranchi) to depute the aforesaid officers in respondent no. 1, as early as possible and without any loss of time, because the functions of Ranchi Regional Development Authority is vital in nature. It is their statutory duty under the Jharkhand Regional Development Authority Act to approve or disapprove the development plans. Development of the city cannot be stayed or stalled by non-appointment of these officers. 8. It is submitted by the Secretary, In-charge of respondent no. 1, who is present today before this Court that unless these officers are present in respondent no. 1 Authority and posted, final approval or disapproval to the development plans cannot be granted. 9. It is expected from the high ranking officer, who is Secretary, Urban Development Department, Government of Jharkhand, Ranchi, and who is a newly added party to the present writ petition, that he shall take immediate steps for appointment by way of transfer or otherwise, of the aforesaid officers in respondent no. 1 Authority. This Court is not passing any mandatory order and is awaiting for reaction of the Secretary, Urban Development Department, Government of Jharkhand, Ranchi, till next date of hearing, so that respondent no. 1 can perform its statutory duties and I hereby direct respondent no. 1 to take final decision within three months from the date of receipt of a copy of the order of this Court, upon revised development plans, presented by the petitioner before respondent no. 1. As stated hereinabove, in absence of the aforesaid officers, it will not be possible for respondent no. 1 to take a final decision within the aforesaid time limit and, therefore, the newly added party i.e. Secretary, Urban Development Department, Government of Jharkhand, Ranchi (respondent no. 4) will move his machinery, so fast, that within three months the revised development plans, presented by the petitioner before respondent no. 1, may be either approved or disapproved. To know the reaction of the newly added party i.e. respondent no. 4) will move his machinery, so fast, that within three months the revised development plans, presented by the petitioner before respondent no. 1, may be either approved or disapproved. To know the reaction of the newly added party i.e. respondent no. 4 that how promptly it reacts and in what manner, the matter is adjourned on May 18, 2009. 10. I also direct the petitioner not to make further construction in the property. A detailed Panchanama with the, coloured photographs shall be drawn of the construction, in question, by respondent no. 1 in presence of the petitioner or in presence of responsible officer, authorized by the petitioner, which will be presented before this Court, on affidavit, on or before next date of hearing, stating clearly, the nature of construction so far carried out with coloured photographs, clearly revealing the date on which the photographs are taken. Negatives of those photographs will be preserved by respondent no. 1 and the positive copies of the photographs will be annexed alongwith a detailed Panchanama with the affidavit before this Court. 11. As directed vide order passed by this Court today (May 5, 2009) before recess, Mr. Santosh Kumar Sinha son of Sri Harihar Prasad Sinha, Estate Officer-cum-Secretary, Ranchi Regional Development Authority, Ranchi, is present before this Court and this Court appreciates his promptness to attend the Court and to assist the Court on the same day, after recess. 12. This order will be conveyed by the learned counsel for the respondents to the respective officers.