Chinta Devi v. State of Bihar through the Principal Secretary, Department of Urban Development and Housing
2012-02-27
SHEEMA ALI KHAN
body2012
DigiLaw.ai
ORDER : The petitioner is aggrieved by annexure-2 which is a notice issued by the Nagar Panchayat Officer, Bodh Gaya to remove the construction made by her in Ward No. 16, Khata No. 356, Plot No. 2295 within a period of 15 days otherwise her house will be demolished. Admittedly the petitioner has not made an application for grant of extension for the construction that has already been made on the plot as described above. 2. Counsel for the petitioner submits that there is a provision for grant of post facto sanction. It is submitted that similar matters were heard by this Court in C.W.J.C. No. 11429 of 2011 and analogous cases wherein this Court directed that petitioners should apply for post facto sanction of the map or in case they have violated the map. 3. In case such an application is made on behalf of the petitioner, the concerned authorities i.e. respondent nos. 2 to 3 may consider the application and if it is legally permissible, to grant the sanction within a reasonable time. The petitioner will produce a copy of this order along with an application for sanctioning the map within a period of six weeks. 4. In the meantime if the house of the petitioner has not been demolished by the Nagar Panchayat, it is further directed that it should not be done so till the representation of the petitioner is disposed of. 5. The writ application is disposed of with the above direction.