SAKET HOUSING LTD Vs. PATNA REGIONAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Scarce land and rising population, which made housing problem complex for teeming millions, aspiring to seek shelter in urban areas, has given rise to a new dimension to solution of this problem, known as Housing Complex or Multi-Storeyed Apartments. Paradox is that even though builders/ developers of such complexes may not have their own land for construction of complexes, yet they develop land, erect multi-storeyed buildings thereon and claim ownership thereof.

(2.) M/s. Saket Housing Ltd. through its Managing Director, the appellant, having lost CWJC No. 7904 of 2002 before a Bench of this court, has now chosen this forum for appeal, filing LPA No. 902 of 2003. Since manifold contentions were raised at Bar on behalf of the appellant and the respondents, salient features of the case of the parties can be noticed to appreciate them.

(3.) Since learned Single Judge in his judgment has set out in elaborate details all the relevant facts pertaining to reason and subsequent development of the case, it is not necessary for us to recapitulate in the judgment all these materials in full. However, we shall refer to certain salients features emerging from the pleadings of the parties and submissions made. Put up briefly the essential facts are these. On being approached by appellant Company, for construction of multi storeyed building, commercial and residential, on Municipal Plot No. 156 under Ward No. 2, Circle No. 6, Holding No. 128/95 in Patna, the respondent Patna Regional Development Authority (hereinafter referred to as 'PRDA') accorded sanction of building plan case No. 35 of 1998 on 31st July, 1998, known as "Santosh Complex" With certain terms and conditions which were conveyed to the appellant for construction of basement + Ground Floor + six floors with following specifications :-- <FRM>JUDGEMENT_9_BLJR1_2004Html1.htm</FRM>