LAWS(PAT)-2007-8-114

DEEPAK KUMAR SINHA Vs. PATNA REGIONAL DEVELOPMENT AUTHORITY

Decided On August 24, 2007
DEEPAK KUMAR SINHA Appellant
V/S
PATNA REGIONAL DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, P.M.C. and the State.

(2.) PETITIONER is a builder who raised Shivalik Apartment in New Patliputra Colony, Patna and it is submitted on his behalf that the construction is on the basis of a plan sanctioned by the authorities of Patna Regional Development Authority yet a vigilance case was initiated against him asserting that the construction raised is contrary to the sanctioned plan which allegation was refuted by the petitioner, with reference to a revised plan (Annexure -9) appended with the supplementary affidavit. The authorities of the P.M.C. successor body of P.R.D.A. however stated that the revised plan has yet not Bihar Veterinary Association Versus State Of Bihar been formally handed over to the petitioner in the circumstances, he is not entitled to rely over the same as according to the authorities, revised plan itself has been passed contrary to the provisions of the Building Bye -Laws and as the revised plan has not been formally handed over to the petitioner, the authorities of the PMC are within their jurisdiction to doubt even at this stage, the correctness of the revised plan A/9 in the light of the provisions of the Building Bye -Laws.