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2021 DIGILAW 833 (JHR)

Manoj Kumar Tirkey v. Ranchi Municipal Corporation

2021-10-04

RAJESH SHANKAR

body2021
ORDER : 1. The present writ petition has been filed for quashing the order as contained in memo no. 728 dated 23.07.2021 (Annmexure-8 to the writ petition) passed by the respondent no. 2, the Municipal Commissioner, Ranchi Municipal Corporation (RMC) in U.C. Case No. 198 of 2021, whereby the petitioner has been directed to demolish his house within 15 days, failing which the same would be demolished forcefully. 2. The main submission of the learned counsel for the petitioner is that the impugned order dated 23.07.2021 suffers from non-application of mind as the house in question has been constructed by the petitioner under “Pradhan Mantri Awas Yojna” under the supervision of the respondent-RMC itself. Hence, the very initiation of unauthorized construction case is unwarranted. 3. A counter affidavit has been filed on behalf of the respondents raising preliminary objection with regard to the maintainability of the writ petition on the ground that the petitioner has efficacious/alternative remedy of preferring appeal under Section 436 (3) of the Jharkhand Municipal Act, 2011 (in short “the Act 2011”) against the order dated 23.07.2021 passed by the respondent no. 2 before the Municipal Building Tribunal constituted by the State Government in terms with Section 442 of the Act, 2011. It has also been stated in the said counter affidavit that for construction of the house under “Pradhan Mantri Awas Yojna” the map was sanctioned for built up area measuring 386 sq. ft. however the area of the house constructed by the petitioner under the said scheme has been found more than the sanctioned map. 4. Be that as it may. Since the petitioner has efficacious remedy of preferring appeal under Section 436(3) of the Act, 2011 challenging the order dated 23.07.2021 passed by the respondent no. 2 in U.C. Case no. 198 of 2021 before the Municipal Building Tribunal constituted in terms with Section 442 of the Act, 2011, I am not inclined to entertain the present writ petition at this stage. It is however observed that if the petitioner prefers an appeal before the Municipal Building Tribunal against the impugned order dated 23.07.2021 passed by the respondent no. 2 in U.C. Case No. 198 of 2021 along with an application seeking interim relief within three weeks from today, the same shall be entertained and the learned Tribunal shall also pass appropriate order on the petitioner’s application for interim relief within one week thereafter. 2 in U.C. Case No. 198 of 2021 along with an application seeking interim relief within three weeks from today, the same shall be entertained and the learned Tribunal shall also pass appropriate order on the petitioner’s application for interim relief within one week thereafter. 5. The writ petition is disposed of with aforesaid observation.