SHANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER wants quashing of order dated 30.5.2007 passed by Patna Municipal Corporation, the respondent No. 3 in Plan Case No. 4B of 2007 by virtue of which the petitioner has been directed to demolish her house within fifteen days because the house in question has not been constructed on a piece and parcel of land for which the post facto sanction was granted by the respondent PRDA but on a piece and parcel of land which is not the plot for which the sanction was obtained.

(2.) PETITIONER claims to have purchased a piece and parcel of land by way of sale deed executed on 25.7.1991. The land is supposed to have an area of 2.912 sq. fit and located on survey plot No. 366 (p) as would be evident from annexure -1. The said land was mutated as per the petitioner in her name and rent was being paid to the State. Thereafter a double storied house was constructed as a dwelling house. This was done without obtaining any prior approval from the respondent PRDA as it then existed. This according to petitioner was due to lack of knowledge of prior approval of PRDA for making construction of a dwelling house.

(3.) PETITIONER was served with a notice dated 22.5.2007 in Vigilance Case No. 4B of 2007 which was instituted for violation of Article 36 of Bihar Regional Development Act, 1981 as well as Section 313 of the Bihar Municipal Act,2007. After hearing the parties and the evidence which was brought on record which included the report of the Amin who carried out local measurement, respondent No. 3 categorically recorded that the petitioner had constructed the house in question on plot Nos. 361, 362 and 369 instead of plot No. 366(P) for which post facto approval was obtained from the respondents. In view of the above finding and conclusion a direction for demolition of the house in question was ordered.