AKHILESH KUMAR SHRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India impleading one private construction company and six other parties representing the State authorities and the Tata group company for a long list of reliefs (16 in nos.) extending from cancelling the lease agreement made by the State in favour of Tata Steel, to granting the petitioner a sub-lease of a plot of land. Almost, everything has been demanded in this writ petition, except for a slice of land over the moon.

(2.) What is at the root of this overblown and inflated list of reliefs is the grievance of the petitioner arising out of purchase of a flat in a multi storied apartment known as Dream Heights at Jamshedpur in April, 2016 built by Builder. One corridor was blocked in the apartment from both sides by grill gate and complained to the builders and other authorities and subsequently electricity and water connection were disconnected by the Respondent No.8 who is the builder Company claims that this is not a flat rather a commercial space which the petitioner who is a lawyer using for legal services and is not paying maintenance charges.

(3.) The vendor had purchased the flat in an apartment from one Mr. Manoj Gulati who had purchased it from the Builder M/s Shashank Nidhi Construction Pvt Ltd (R-8). After purchasing the said flat, the petitioner found the East side staircase was permanently blocked under lock and key, and the corridor was blocked from both east and both side resulting in what is described as "negligible circulation of air causing congestion in gross violation of the terms of Jharkhand Apartment (Flat) Ownership Act, 2011. The invitees and guests of the petitioner complained about lack of oxygen in the corridor and as such suffocation and breathing problems on the occasion of inauguration of Petitioner's office."