(1.) Heard the parties.
(2.) The only question involved in this writ petition is whether in the facts and circumstances of this case, the Tribunal is right in holding that the petitioner should prefer appeal before the Board of Appeal under Clause 7.5 of the Ranchi Planning Standards and Building Bye-Laws, 2002 (Bye-Laws for short). The Tribunal observed that it cannot adjudicate upon the matter relating to withdrawal of sanction order passed under Section 38 of the Jharkhand Regional Development Authority Act, 2001 (The JRDA Act for short). Though the Tribunal has set aside part of the order passed under Section 38 by the Vice Chairman so far as demolition is concerned, on the ground that petitioner was not heard on the question of demolition and order was passed simultaneously for demolition while cancelling sanction. On this score, the matter was remitted by the Tribunal to the Vice Chairman for hearing the petitioner on the point of demolition.
(3.) In the present case, by order under appeal dated 5.7.2006, the sanction of petitioner was withdrawn/cancelled on the ground that sanction was obtained wrongly and petitioner could not show his right over the land. The Tribunal itself has observed "that the effect: of withdrawing sanction order dated 8.2.2005 would be refusal of sanction as contemplated in Section 37 of the JRDA Act, 2001, which deals with sanction or refusal of a building or addition or alteration thereto".