KAMESHWAR PRASAD SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners are residents of one apartment building named the Laxmi Heritage Apartment. Certain flat owners made a complaint alleging that the petitioners have covered the area lying below the projection from the ceiling of their apartment with iron grill which is projecting outside the building line and has been made habitable.

(2.) The complaint led to lodging of Vigilance Case No. 25B/2011 instituted under Sec. 36 of the Bihar Regional Development Authority Act 1981 (for short '1981 Act') read with Sec. 313 of the Bihar Municipal Act 2007 (for short '2007 Act'). The Engineer In-charge of the concerned locality was directed to make an inspection. He submitted a report which stated that ten flat owners including the instant petitioners have committed the violation as alleged by the complainant.

(3.) It is the petitioners' case that they were never served with notice regarding the vigilance case. The order dtd. 4/8/2011 passed by the Municipal Commissioner in Vigilance Case No. 25B/2011, on the other hand, records that notice was issued to all the ten flat owners. The Municipal Commissioner has recorded that none of the noticees have appeared either personally or through counsel. Having recorded this situation, which is disputed by the petitioners, the Municipal Commissioner has proceeded to record a finding that the allegation made by the complainant is correct. He has ordered for removal of the alleged illegal construction under Sec. 54(1) of the 1981 Act read with Sec. 315 of the 2007 Act.