NEM CHAND AGARWAL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed by the petitioners for the following reliefs:-

(2.) The petitioners claim that they have filed the present writ petition for self as well as in representative capacity as not only the petitioners but other residents of the locality are also aggrieved from the respondents.

(3.) The case of the petitioners is that they are residing in ward no.31 of Katihar Nagar Nigam, which is purely residential in nature and no commercial activities like running clinic or nursing home or dispensary goes on in the said locality. The private respondents have purchased a piece of homestead land in their name appertaining to Mohalla-Binodpur, Survey Ward No.14, Khata No.24, Plot No.243. After purchase the said plot on which old house was already constructed have been demolished and they have started making new construction on the same with a view to open a nursing home in violation of various provisions of Municipal Act, 2007 and Bihar Building By-laws 2013 or 2014. The private respondents have disturbed drainage of the locality and the construction is being made without any sanctioned plan.