(1.) THIS appeal is directed against the judgment dated 5.7.2000, passed by a learned Single Judge, by which the writ application filed by the appellant challenging the order of the Vice Chairman of the Patna Regional Development Authority (for short P.R.D.A.) cancelling the building plan and taking steps for removal of the unauthorised construction has been dismissed.
(2.) NECESSARY facts for disposal of the present appeal are that one Manki Sah had three sons, namely, Sauki Lal, Nandu Lal and Laxmi Narayan Gupta (father of the appellant and Surendra Narayan Gupta). They formed a joint family, which acquired plot nos. 188 and 330 (wrongly mentioned in the documents as 191), situate in Muhalla Mithapur in the town of Patna, by registered documents in 1918 and constructed residential house giving rise to different holding numbers. In a partition between the co -sharers, a portion of the same was allotted to the appellant.
(3.) THE appellant filed a map along with relevant documents for sanction of the same for construction of a building over the land, including the land of plot no. 177 under section 37 of the Bihar Regional Development Authority Act, 1981 (hereinafter referred to as 'the Act ') and the same was sanctioned. Later on, the authorities came to know that the appellant by misrepresentation has got the map sanctioned with regard to plot no. 177, which is a part of the road without having a semblance of title over the said land. Thereafter, the officer of the P.R.D.A. visited the spot and it was brought to the notice of the appellant that he had got the map sanctioned on misrepresentation of fact and four days ' time was given to him to file documents in support of his title and ownership with regard to plot no. 177. Thereafter, the appellant produced the relevant documents before the officer of the P.R.D.A. on 8.9.1989 and the officer having considered the documents submitted a report that the sanctioned plan was obtained on misrepresentation of facts and, thereafter, the Vice Chairman of the P.R.D.A., by order dated 12.9.1989, cancelled the sanctioned plan and directed the authorities to take steps restraining the appellant from making any unauthorised construction. He also directed for taking appropriate action against the concerned authorities.