NAINTARA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned Senior Counsel for the Petitioner and the Patna Municipal Corporation (hereinafter called the Corporation). Shri Arun Kumar, Advocate, submitted that he appears on behalf of the original complainant at whose behest the Corporation has passed the impugned order. No Vakalatnama has been filed by Sri Kumar. Nonetheless the Court permitted him to address.

(2.) The Patna Regional Development Authority (hereinafter called the P.R.D.A.) on 12.3.1984 granted a lease for plot No. 12C measuring 3200 square feet situated in the prime location of Srikrishnapuri area of Patna town for construction of commercial-cum-residential building to the Alaknanda Co-operative Housing Society Limited, registered under the Bihar and Orissa Cooperative Societies Act bearing Reg. No. 257 dated 29.12.1951 (hereinafter called the Co-operative Society). The Co-operative Society on 7.5.1985 transferred the lands to the Petitioners described as members of the Society in the transfer deed. Constructions are stated to have been raised upon the lands.

(3.) The P.R.D.A. was superseded by the Corporation on enactment of the Bihar Municipal Act, 2007. The Corporation by the impugned order dated 6.4.2011 cancelled the lease granted by the P.R.D.A. to the Co-operative Society. The Society was neither noticed nor heard. The Corporation questioned and adjudicated the status of the Petitioners to membership of the Society holding the transfer made to them as being contrary to conditions of the lease, and failure to complete construction within three years. Symbolic possession is stated to have been taken by the Corporation on 6.5.2011 by putting a lock on the gate.