MADHAV ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner, for the Danapur Nizamat Nagar Parishad and for the intervenor/builder of the apartment in question.

(2.) Respondent Nos. 5 and 6 are stated to be the owners of certain lands identified as Khata No. 13, Khesra No. 202 (part) situated on the East of Gola Road, Bailey Road, Rupaspur in Danapur. Notices were issued to them on 14.7.2010. They are stated to have been deceased. I.A. No. 9678 of 2010 has been filed for substituting their heirs as mentioned in Paragraph-5 of the application. The heirs are permitted to be added as party Respondents. Since their interests are adequately protected by the intervenor builder, under the Development Agreement dated 20.2.2009, no prejudice shall be caused to them in the nature of the order being passed for notices not having been issued to them.

(3.) The Petitioner claims to be the resident of the adjacent lands and is aggrieved by the apartment complex styled as "Sona residency" being built on the land of Respondent Nos. 5 and 6, through the intervenor builder. Allegations have been made of gross violation not only of building laws but also the sanctioned plan. He also contends that construction is being made in excess of the sanctioned plan with serious deviations and violations. A representation by him on 11.8.2009 before the Patna Regional Development Authority only informed him that it had been forwarded to the concerned Municipal Authority. He again represented before the Executive Officer of the Danapur Nizamat Nagar Parishad on 8.8.2009 to no avail. On 14.5.2010, he moved under the Right to Information Act to elicit information with regard to the nature of the construction being made allegedly in violation of the sanctioned plan but even that proved fruitless when he ultimately filed the present writ application.