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2021 DIGILAW 824 (JHR)

Dharamshila Singh v. Ranchi Municipal Corporation

2021-09-30

RAJESH SHANKAR

body2021
ORDER : 1. The present writ petition is taken up today through Video conferencing. The present writ petition has been filed for restraining the respondents from demolishing the petitioner’s building, situated at R.S. Plot Nos. 554, 555, 556, 558 and 559 (collectively denoted as consolidated sub-plot no. 2) of Khata No. 17, Village-Hinoo, Thana No. 225, P.S. Doranda, District-Ranchi, as building plan was already sanctioned on 23.01.1996 (wrongly typed as 17.11.1995 in the writ petition). 2. The petitioner by filing I.A. No. 4171 of 2021 has also challenged the order as contained in memo no. 764 dated 23.07.2021 passed by the respondent no. 2, Municipal Commissioner, Ranchi Municipal Corporation, Ranchi. 3. Mr. Rajendra Krishna, the learned counsel for the petitioner, submits that the impugned notice dated 26.03.2021 was issued under the signature of the respondent no. 3, Assistant Municipal Commissioner, Ranchi to the petitioner stating inter-alia that she was making construction of building in question without prior permission/sanctioned plan of the Ranchi Municipal Corporation and also calling upon her to show cause within three days as to why the unauthorized construction be not immediately stopped and under construction premises be not sealed forthwith. It is also submitted that the petitioner’s building plan was already sanctioned on 23.01.1996 vide Building Plan Case No. 861/95 and the said fact was brought to the notice of the respondent no. 3 while submitting her reply to the respondent no. 3 vide letter dated 07.04.2021, which was received in the office of the Ranchi Municipal Corporation on 08.04.2021, as would be evident from the receiving given in the body of the said letter itself. It is thus submitted by the learned counsel for the petitioner that granting only three days to the petitioner vide notice dated 26.03.2021 for the said purpose is highly arbitrary and unjustified. Moreover, during the pendency of the writ petition, the respondent no. 2 has passed final order on 23.07.2021 in U.C. Case No. 153/2021 directing demolition of the building in question ignoring the fact that the petitioner had already submitted her reply to the respondent no. 3 vide letter dated 07.04.2021, which was received in the office of Ranchi Municipal Corporation on 08.04.2021. 4. A counter affidavit has been filed on behalf of the respondent nos. 3 vide letter dated 07.04.2021, which was received in the office of Ranchi Municipal Corporation on 08.04.2021. 4. A counter affidavit has been filed on behalf of the respondent nos. 1 to 3 stating inter-alia that the aforesaid letter (annexed by the petitioner as Annexure-4 to the writ petition) appears to be received in the General Section of the Ranchi Municipal Corporation. In fact, the map should have been submitted in the court of the respondent no. 2 itself. It has further been stated in the counter affidavit that the respondent no. 2 is ready to reconsider the matter if the same is remanded to him. It has however, been stated that as per the verification made by the Junior Engineer, there is certain deviation from sanctioned map of the building. 5. Be that at it may. Since the claim of the petitioner that she had already given details of the sanctioned map of the building in question vide letter dated 07.04.2021, which was admittedly received in the office of the Ranchi Municipal Corporation on 08.04.2021 (may be in the General Section) and the same has not been considered by the respondent no. 2 while passing the order as contained in memo no. 764 dated 23.07.2021 in U.C. Case No. 153/2021, the said order cannot be sustained in law. Accordingly, the same is quashed and set-aside. The matter is remanded to the respondent no. 2 to pass a fresh order after providing an opportunity of hearing to the petitioner and on considering the sanctioned map of the building in question submitted by her on 08.04.2021. 6. The writ petition is accordingly disposed of with aforesaid observation and direction. 7. I.A. No. 4171 of 2021 also stands disposed of.