SHASHANK SHAEKHAR PRASAD SON OF SRI JAGDISH PRASAD Vs. PATNA MUNICIPAL CORPORATION, MAURYA LOK COMPLEX, PATNA, THROUGH TOWN COMMISSIONER & ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioners and all the counsel appearing on behalf of the Municipality.

(2.) These batch of writ applications have come to this Court on account of the fact that the petitioners who are builders of multi storied buildings have been issued notice and further been asked to stop construction of the buildings till disposal of the vigilance case instituted against these builders vide Annexures-1 and 2. In fact, at Annexure-2, a notice has been issued to the builders asking them to show-cause as to why their buildings should not be demolished.

(3.) Before reverting to. the, facts of the present case, I may point out that a Public Interest Litigation was filed vide CWJC No. 1241 of 2009, which was disposed of on 27.1.2009, wherein one Gyanwati Devi, a Ward Councilor had made a complaint, that in violation of the building bye-laws a multi storied building was under construction at Duzra Devi Asthan Suraksha Bandh, Patna. This Court directed that the Patna Municipal Corporation should take appropriate steps and a decision in the matter expeditiously. On the orders of this Court, the Patna Municipal Corporation vide an order issued on 18.6.2009 examined the allegations as to whether the building in question met the requirements of the Municipal Corporation. The conclusion reached by the Corporation was that the soil test report, structural design etc. were according to bye-laws of the Municipal Corporation.