Kunwar Singh Mahto @ Kunwar Mahto v. Ranchi Municipal Corporation, Ranchi through its Vice Chairman Ranchi
2018-09-17
ANUBHA RAWAT CHOUDHARY
body2018
DigiLaw.ai
ORDER : 1. Heard Mr. Vikash Kumar, counsel appearing for the petitioners. 2. Heard Mr. L. C. N. Shahdeo, counsel appearing for the respondent nos. 1 to 4. 3. Heard Mr. L. K. Choudhary, counsel appearing for the respondent no. 5. 4. This writ petition has been filed for the following reliefs: “For issuance of an appropriate writ/Rule/Direction particularly a writ in the nature of Certiorari for quashing the letter contained in Memo No. 820 dated 13.3.2015 (Annexure-10) issued under the signature of the respondent no. 4 whereby and whereunder the petitioners have been directed to demolish the illegal construction within ten days otherwise the same will be done by the Corporation at their cost without specifying the said illegal construction. And for any other relief or reliefs to which the petitioners may be found entitled to.” 5. The case was taken up on 13.09.2018 and following order was passed: “1. Heard Mr. Vikash Kumar, counsel appearing on behalf of the petitioner. 2. Heard Mr. L.C. N. Sahdeo, counsel for the respondent assisted by Mr. Sandeep Verma, Advocate. 3. Heard Mr. L.K. Choudhary, counsel appearing on behalf of respondent no. 5. 4. The case has been heard at length and counsel for the petitioners has argued that in the impugned notice (Annexure-10) no specification has been mentioned as to which portion of the construction has to be removed. If is further submitted that even opportunity of hearing has not been given to the petitioners prior to issuance of notice. However, during the course of argument, when a question was put by the court as to whether he is aware about the portion which is to be removed pursuant to the order dated 20.03.2007 passed by the appellate authority in Misc. Appeal No. 15 of 2006, he could not dispute that portion which is to be removed is known to him. 5. Upon this, counsel appearing on behalf of the petitioner prays that the matter may be posted on 17.09.2018 so that he may seek instruction within which time the portion will be removed by the petitioners which is clearly indicated in the Misc. Appeal No. 15 of 2006, which is the order passed by the appellate authority of R.R.D.A. 6.
5. Upon this, counsel appearing on behalf of the petitioner prays that the matter may be posted on 17.09.2018 so that he may seek instruction within which time the portion will be removed by the petitioners which is clearly indicated in the Misc. Appeal No. 15 of 2006, which is the order passed by the appellate authority of R.R.D.A. 6. He has also referred to the order passed in L.P.A. No. 448 of 2009 indicating that this court clearly observed that it is needless to say that the old construction which is in existence for the last so many years shall not be demolished. However, this observation of the L.P.A. Court is in consonance with the order dated 20.03.2007 passed in Misc. Appeal No. 15 of 2006. 7. Post this case on 17.09.2018.” 6. Today, the counsel for the petitioners submits that his client is out of station. 7. This Court finds that the only grievance of the petitioners is that the respondent- Ranchi Municipal Corporation has issued notice dated 13.03.2015 as contained in Annexure-10 to this writ petition and no specification has been mentioned in the said notice as to which portion the petitioner has to remove. 8. From the perusal of the records of the case, it appears that the order in connection with unauthorized construction/demolition was ultimately passed by the appellate authority in Miscellaneous Appeal No. 15 of 2006, which was disposed of vide order dated 20.03.2007 clearly indicating the portion of the property which was required to be removed by the petitioner/demolished. 9. Against this, the petitioner had filed a writ petition being W.P.(C) No. 2184 of 2007 which was dismissed vide order dated 10.09.2009. Against this, they filed appeal which was numbered as L.P.A. No. 448 of 2009 which was also dismissed vide order dated 09.10.2009 and it was observed as follows: “Needless to say that the old construction which is in existence for the last so many years shall not be demolished.” 10. This Court finds that the observation which was made in L.P.A. No. 448 of 2009, was in consonance with the order passed by the appellate authority in Miscellaneous Appeal No. 15 of 2006 and accordingly, the petitioners cannot say that they are not aware as to which portion of the property is to be removed/demolished.
This Court finds that the observation which was made in L.P.A. No. 448 of 2009, was in consonance with the order passed by the appellate authority in Miscellaneous Appeal No. 15 of 2006 and accordingly, the petitioners cannot say that they are not aware as to which portion of the property is to be removed/demolished. The notice dated 13.03.2015 clearly indicates about the order passed in Miscellaneous Appeal No. 15 of 2006, order passed in W.P.(C) No. 2184 of 2007 as well as the order passed in L.P.A. No. 448 of 2009. Merely because the specifications have not been reiterated in the notice dated 13.03.2015, it is not open to the petitioners to say that they are not aware as to which portion they have to demolish. 11. In such circumstances, the petitioners are not at all prejudiced by non-mentioning of the details of the property to be demolished/removed pursuant to the impugned notice dated 13.03.2015. 12. Accordingly, this writ petition does not deserve any relief much less any equitable relief from this Court under Article 226 of the Constitution of India and this Court is not inclined to exercise the power under Article 226 of the Constitution of India under the facts and circumstances of this case. 13. At this stage, counsel for the petitioners submits that some time may be given to the petitioners to remove the construction which is required to be removed by the petitioners as per the aforesaid order passed by the appellate authority in the miscellaneous appeal. 14. Counsel for the respondents submits that time till last week of November, 2018 may be granted to the petitioners to do the needful for the purposes of removal of illegal construction themselves. 15. Considering the fact that the construction is already existing, with the consent of the respondent- Ranchi Municipal Corporation, time till 30.11.2018 is granted to the petitioners to remove the illegal construction over the property themselves as per the aforesaid order passed in the miscellaneous appeal passed by the appellate authority failing which it will be open to the respondents to take steps for its removal/demolition. 16. This writ petition is dismissed with the aforesaid observations and directions.