PRAMOD KUMAR AGRAWAL Vs. MINERAL AREA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HEARD counsel for the parties. Petitioner seeks direction upon the respondent authorities of Mineral Area Development Authority, Dhanbad to pass appropriate order in respect of his application for sanction of building plan i.e. B.D. Case No. 791 of 2010 -11 pending before it since the year 2010.

(2.) IT is the contention of the petitioner that he has sought to demolish the existing structure situated at telephone exchange road and, thereafter, construct a new building thereupon for which a building plan was submitted seeking sanction as aforesaid in the year 2010 over mouza No. 51, khata No. 157, Municipal Plot No. 258 having an area of 6 kathas. It is further contended by the counsel for the petitioner that the Circle Officer, Dhanbad vide letter No. 625 dated 5.5.2011 has been pleased to grant NOC for construction/development of the land of the petitioner vide Annexure -2. It is submitted that under the relevant provision of Section 30(6) of MADA Act, 1986, competent authority of MADA is required to take decision either way in respect of the petitioner's application of sanction of building plan. Counsel for the petitioner also submitted that in similar circumstance, this Court in W.P.C. No. 4181 of 2011 and W.P.C. No. 5828 of 2011, annexed as Annexures -7 and 8, have passed an order directing the respondents to pass appropriate order in accordance with law within stipulated period.

(3.) BE that as it may, without entering into the merit of the dispute, the writ application is disposed of by directing the competent authority of MADA to take appropriate decision on the application of the petitioner in respect of the building plan in B.D. Case No. 791 of 2010 -11 in accordance with law, rules and regulations prevalent in MADA within a period of 60 days from the receipt of the copy of this order. It would be open to the competent authority to communicate the reasons of rejection, if any, in the aforesaid matter, if the petitioner failed to fulfill any formalities which are required under law. The writ petition is disposed of in the aforesaid terms.