SHISHIR KUMAR JAIN Vs. PATNA REGIONAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioner, who is tenant of respondent no.4, on the ground floor of holding no. 597/505 plot no.834 Frazer Road, Patna, is aggrieved by the action of the Patna Regional Development Authority (in short ''PRDA '') whereby a plan was approved under section 37(2) of the Bihar Regional Development Authority Act, 1981 (in short the Act) in favour of respondent no.4, to raise construction after demolishing the holding in question.

(2.) THE petitioner does not claim to be the owner of the building. His only grievance is that the respondents cannot be permitted to demolish the structure without taking recourse to the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act (in short BBC Act). The impugned action under section 54 of the Act cannot be used as handy substitute for eviction of the petitioner. Reference in this regard was made to a decision of the apex Court in the case of Ram Prasad Narayan Sahi and another vs. The State of Bihar and others.(AIR 1953 SC 215).

(3.) THE respondents on the other hand, have filed counter affidavits and submitted since the petitioner has already filed T.S.76 of 1997 before the Civil Court for the same relief, he is not entitled to maintain the writ application. It was further contended that in fact the structure under occupation of the petitioner is situated within the front set back area of the building for which the plan was duly sanctioned by the PR DA. That apart, averments have also been made on behalf of the PRDA that no plan was previously sanctioned for the old building in question. Therefore, due to such irregularities, the authorities have full jurisdiction to take steps for demolition of the building. It has also been contended that major portion of the building has already been demolished and no objection whatsoever was raised by the other tenants.