SANJAY SINGH Vs. PATNA MUNICIPAL CORPORATION

JUDGEMENT

(1.) With the consent of the parties, all the four writ petitions have been taken up for hearing together since the issues to be adjudicated in the said cases are the same, hence they are being disposed of by the present common Judgment. Facts of the Case (CWJC No. 6546 of 2017)

(2.) At the outset, this Court would advert to the facts of the first case i.e. CWJC No. 6546 of 2017 (Sanjay Singh vs. Patna Municipal Corporation & Ors.). The said writ petition has been filed for setting aside the order dated 23.03.2017 passed in Appeal No. 137 of 2014 (arising out of Vigilance Case No. 97A of 2013), by the Municipal Building Tribunal, Patna Division, Patna, whereby and whereunder the appeal of the petitioner has been dismissed. The petitioner has further prayed for setting aside the order dated 28.11.2014 passed in Vigilance Case No. 97A of 2013 by the Commissioner, Patna Municipal Corporation, Patna and for restraining the authorities from taking the possession of the building from the lessee or sealing the same in pursuance to the said order dated 28.11.2014 as also to permit the petitioner to carry on with his construction work in accordance with law. Lastly, it has been prayed to compensate the petitioner for the loss occurred on account of illegal and high-handed action by the corporation authorities.

(3.) The brief facts of the case are that prior to the year 1974, the Patna Improvement Trust, created under the Bihar Town Planning and Improvement Trust Act, 1951, had settled the land vested in it with the father of the petitioner, late Nityanand Singh. In fact, two allotments were made to the father of the petitioner, one pertaining to 5.209 kathas of land and another for 1.795 kathas of land, whereafter possession was also handed over to the father of the petitioner. A lease deed dated 16.6.1966 was then executed for the first allotment i.e. with regard to 5.209 kathas of land, admeasuring 788.33 sq. yards, in between the Patna Improvement Trust and the father of the petitioner, pertaining to Plot No. 134/B, Sri Krishnapuri, Patna, for a period of 99 years with effect from 26.4.1966. After the death of the father of the petitioner, a fresh lease deed cum agreement was executed with regard to the second allotment of plot, admeasuring 271.44 sq. yards, in between the Patna Municipal Corporation and the petitioner herein for a period of 99 years with effect from 03.03.1970. At this juncture itself, it would be appropriate to reproduce the relevant clauses of the aforesaid lease deed herein below:-