ASHOK KUMAR Vs. PATNA REGIONAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard learned counsel for the petitioner, for the Patna Municipal Corporation, for respondent no. 5 and for the State.

(2.) The writ application has been filed for setting aside the order dated 2.4.2002 passed by the Appellate Tribunal, Patna Regional Development Authority in Appeal Case No. 29/01 and also the order dated 24.5.2001 of the Vice-Chairman of Patna Regional Development Authority by which the order of demolition of additional construction made in the ground floor has been passed.

(3.) The petitioner claims to have purchased the flat having super built area in the ground floor in 1996 in 'Parag Apartment' from the Parag Sahkari Grih Nirman Samiti Ltd., New Patliputra Colony in nature of absolute sale deed on consideration amount of Rs. 3 lacs. At the instance of respondent no. 5, Vigilance Case No. 66-B of 2000 was instituted by the authority in the year 2000. After hearing the parties, the Vice-Chairman, P.R.D.A. passed the order dated 24.5.2001 holding that the sanctioned built up area on the ground floor is 211.98 mtrs., but the parties have constructed on the built up area amounting to 302.10 mtrs., which is an additional 90.12 meters, which was designated for parking and as passage for go- ing to the first and subsequent floors, which the opposite party (petitioner herein) was using to run a medicine store and an office. He accordingly directed to remove the additional construction made by the opposite party. He further directed the office of PRDA to communicate the requisite condonation/compounding fee with regard to other area to the petitioner, who has been directed to deposit the same.