RAVINDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) REFERENCE may be made to the order, dated 12.1.98 which will speak for itself. A supplementary counter -affidavit on behalf of the respondent P.R.D.A. is being filed today in Court. Let it be kept on the record. The cost has also been paid in terms of the aforesaid order. In this writ application, the prayer of the petitioner is for a direction to the respondents not to demolish the houses and boundary walls of the petitioners. It is alleged that the respondent authorities have put a red mark on the houses of the petitioners in order to demolish part of the buildings. It is submitted that the constructions have been made strictly in accordance with the sanctioned plans and no portion of the public land has been encroached by the petitioners, while constructing their houses. Even then the respondent authorities intend to demolish the house and boundary walls of the petitioners for the purpose of widening the road. In this case, a counter -affidavit has been filed wherein, it is admitted that the constructions have been made according to the sanctioned plans, but the petitioners have made some deviation while constructing their houses. The grievance of the petitioners is that instead of demolishing the portions of the buildings alleged to have been constructed after deviating from the sanctioned plans, the respondent authorities intend to demolish the front portions of the buildings in order to widen the road. This Court, while disposing of such writ applications directed the respondent authorities not to demolish the buildings, which have been constructed strictly in accordance with the sanctioned plan only for the purpose of widening the road. However, the stand taken by the respondents in their counter -affidavit is that some of the petitioners have made constructions after deviating from the sanctioned plans. Having regard to the relief sought for and having further regard to the stand taken by the respondents in the counter -affidavit, I direct the petitioners to file comprehensive representations before the respondent Vice -Chairman along with the supportive documents and the respondent Vice -Chairman will hear the petitioners and/or their representatives and pass appropriate orders with reference to the materials on record. The respondent Vice -Chairman will also consider regarding the grant of post facto sanction to the petitioners in accordance with the building bye laws wherever the construction is found to have been made by them after deviation from their sanctioned plans. However, in order to expedite the matter, I direct the petitioners to file representation/s within three weeks and the respondent Vice -Chairman will dispose of the same with in three weeks thereafter. Till then, the status quo, as of today shall be maintained. This disposes of the instant writ application.