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2021 DIGILAW 601 (JHR)

Suraj Narayan Sinha v. Ranchi Municipal Corporation

2021-08-09

RAJESH SHANKAR

body2021
JUDGMENT : RAJESH SHANKAR, J. 1. The case is taken up through Video Conferencing. 2. The present writ petition has been filed for issuance of direction upon the respondents to refrain them from demolishing the dwelling houses and shops of the petitioners which are sought to be demolished by the respondent-Ranchi Municipal Corporation without issuance of any notice whatsoever. Further prayer has been made for issuance of direction upon the respondents to take any step in this regard after following due process of law as prescribed under the Jharkhand Municipal Act, 2011. 3. Learned counsel for the petitioners submits that the petitioner No. 1 is a person aged about 93 years and is residing with his family members in the premises popularly known as ‘Lakshmi Niwas’ since 1977, which is situated over the land appertaining to Khata No. 101, Plot No. 565, Village-Kokar, Revenue Thana No. 196, District-Ranchi. The said house consists of six rooms and two shops attached therewith. The petitioner No. 2 is also residing in the said premises since 1999 and his house is adjacent to the house of the petitioner No. 1, which consists of 5 rooms and one shop attached therewith. It is further submitted that that on 10.07.2020 at about 12 noon, a team of the officials of Ranchi Municipal Corporation came to the said premises of the petitioners with two JCB machines and asked them to vacate their respective houses and shops, which according to them, were to be demolished. Under threat and coercion of the said team of the Ranchi Municipal Corporation, the petitioners were compelled to give undertaking that they would vacate their respective houses and shops within one week, failing which the same may be demolished. 4. Mr. L.C.N. Shahedeo, learned counsel appearing on behalf of the Ranchi Municipal Corporation, submits that the petitioners have not annexed any order or notice with the writ petition so as to suggest that the authorities of the Ranchi Municipal Corporation went to the premises in question for demolishing the houses and shops of the petitioners. However, if at all any such instance had occurred, the petitioners should have brought the said fact to the notice of the Municipal Commissioner, Ranchi Municipal Corporation, Ranchi. However, if at all any such instance had occurred, the petitioners should have brought the said fact to the notice of the Municipal Commissioner, Ranchi Municipal Corporation, Ranchi. It is further submitted that the respondent No. 1 is conscious that no step whatsoever for demolition of any structure, much less a dwelling house and shop, can be taken without following due process of law. 5. Having heard learned counsel for the parties and keeping in view the submission of learned counsel appearing on behalf of the Ranchi Municipal Corporation as well as that the petitioners have not annexed any notice/order passed by a competent authority of the Ranchi Municipal Corporation regarding demolition of the houses and shops situated over the land in question, this Court is not inclined to pass any order on the prayer made by the petitioners in the present writ petition. 6. The present writ petition is, accordingly, disposed of. 7. The petitioners are, however, at liberty to take appropriate recourse as provided under law, if the situation so warrants in future.