NARENDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard learned counsel for the Petitioner, the Principal Additional Advocate General for the Patna Municipal Corporation (hereinafter referred to as 'the Corporation') and learned counsel for private respondent nos. 8 and 9. In this Public Interest Litigation, the allegation is that the Corporation has permitted illegal construction of a multistoried apartment complex building on Khata No. 83, Khasra No. 1151, Thana No. 4, situated in Ward No. 34, Circle No. 246 situated off the East Boring Canal Road in the heart of Patna town. The construction is being raised in a lane approximately 8 feet in width only while the law requires a minimum 20 feet wide road. Complaints have been filed before the Municipal Commissioner-cum-Chief Administrator of the Corporation but to no avail necessitating the present application.

(2.) The building plan is stated to have been sanctioned on 17.5.2011 under Section 314 of the Bihar Municipal Act, 2007 (hereinafter referred to as the Act) by a Licensed Architect Sri A.R. Rakesh Ranjan Raje bearing registration no. 88/9665 and empanelment no. 29 of 2009-2010. Section 316 of the Act requires the Architect approving the construction plan to submit it within seven days to the Chief Municipal Officer of the Municipality. On receipt of the approved building plan, the Chief Municipal Officer shall enquire/verify and satisfy himself that the building construction plan confirms to building bye-laws and other parameters required under the Act. If the Chief Municipal Officer finds that the construction has been approved by the registered Architect in contravention of bye-laws he shall immediately stop the construction work and take action against the owner/occupier as also registered Architect. Section 318 requires periodical inspection of the construction by the registered architect and report violations to the Corporation. The Chief Municipal Officer in that event shall inspect and stop the construction and take necessary action including demolition. Section 325 provides for five years imprisonment and fifty thousand fine for illegal construction. Section 337 of the Act requires the Chief Municipal Officer at any time during the erection or re-erection of a building or the execution of any work under this Act to make an inspection thereof without giving any previous notice, of his intention to do so.

(3.) Respondent No. 9, the landowner was unable to tell us the date when the construction commenced on his lands, but the builder, respondent No. 8 informed us that the construction commenced in May 2011 though there is no material on record in support of the same.