VYAS MUNI GUPTA Vs. RANCHI REGIONAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for appropriate order restraining the respondent -RRDA from demolishing the residential building standing on RS Plot No. 660 under Khata No. 120 of village Kathargonda, District Ranchi.

(2.) THE petitioners case is that the land comprised within RS Plot No. 660 is the ancestral property of the petitioner and after partition it was allotted in the share of the petitioner. In 1989 the petitioner submitted a plan alongwith requisite fee in the office of the respondents for obtaining sanction for construction of building, which was registered as B.S. case No. 282/89. It is stated that in spite of fulfilling all the conditions for sanction of plan, the respondents did not pass any order and accordingly the petitioner gave notice as required under the law and constructed a house according to the plan. In 1996 a general notice was published in the newspaper dated 29.5.96 for demolition of those houses which were constructed without obtaining legal sanction. The petitioners case is that on enquiry he came to know that an exparte order was passed on 23.9.95 against the petitioner in UC Case No. 104/89. The petitioner filed Misc. Appeal No. 33/96 against the aforesaid order and the appeal is pending before the Tribunal Petitioners further case is that another B.S. Case No. 567/96 was initiated against him and he submitted all the relevant papers but no order has been passed.

(3.) IN reply to the counter affidavit, the petitioner has denied and disputed the allegations made by the respondent that the land in question comes within the "public open space". It is stated that in B.C. Case No. 567/96 the authorities of the respondent -RRDA, after due inspection, submitted a report holding that the plot in question is situated in residential space. The petitioner further stated that it was only on 3.6.96 the petitioner was served with a notice informing him that the building plan submitted in the year. 1989 was rejected.