SANJIV MAHATO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In the first writ petition petitioner Sanjiv Mahto sought quashing of letter no.856 dated 11th June, 2014 issued by the Circle Officer, Jamshedpur which according to him is an ex -parte report contradictory to the finally published survey map as also his earlier report in respect of the same subject matter. He also sought quashing of letter no. 1509 dated 1st July, 2014 issued by the respondent no.3 ­ Special Officer, Jamshedpur Notified Area Committee (JNAC for short) based on the same report of the Circle Officer dated 11 th June, 2014 vacating order of status -quo granted on 3rd January, 2014. It is also prayed for institution of a case for unauthorised construction and cancellation of the sanctioned plan in respect of respondent no.5 under the provisions of the bye -laws of the planning standard, bye -laws of JNAC and Sections 432 and 436 of the Jharkhand Municipal Act, 2011.

(2.) This petitioner's case relates to sanction of a building plan of new plot no.685 recorded in the name of Prabhat Kumar Gupta. That plot according to the petitioner which is in possession of Prabhat Kumar Gupta is situate north -west of new Plot No.688. Respondent no.5 is said to have purchased the said new plot no.688 from Prabhat Kumar Gupta vide registered sale deed dated 2nd March, 2001, got it mutated under JNAC. He alleges that respondent no.5 by suppression of relevant details required for approval of a building plan got it sanctioned by misleading the JNAC to construct multistoried building over the new plot no.685 of Ward No.2 JNAC located in a 7 ft. wide street called 'Sadhu Path'. Sanction was accorded through building permit no.28291 dated 21st June, 2013 (Annexure -4). During the course of construction by respondent no.5 it is alleged that he encroached upon the portion of new plot no.688 and whole of new plot no. 683. New Plot no.688 was recorded in the name of Harmohan Mahato son of Ghasiram Mahto and others published in the record of rights in the year 1995. This petitioner and his wife have purchased 12,142 sq.ft. of land being portion of new plot no.688 through four registered sale deeds dated 24th October, 2002 in respect of two of them, 14th October, 2004 and 31st October, 2006 respectively in respect of rest two. According to this petitioner new Plot no.688 is carved from revisional survey plot no.1033 recorded in the name of Ghasiram Mahto and petitioner has a rightful succession, title and interest in the remaining 4,550 sq.ft. of the new Plot no.688. On alleged encroachment by respondent no.5 and representation being made by the petitioner a report was called from the Circle Officer, Jamshedpur through letter no.4033 dated 6th December, 2013 (Annexure -6). Pending such enquiry the Circle Officer reported that the construction is being carried out by respondent no.5 over plot no.688 (part) and new plot no.683 vide his letter bearing no.27 dated 3rd January, 2014 (Annexure -8). Circle Officer was again directed to conduct a physical inspection while respondent no.5 was directed to maintain status -quo till the demarcation is done. The Circle Officer, thereafter, has provided a report which is ex -parte through letter no.856 dated 11th June, 2014 showing the locations of new plot no.685 adjacent to Uliyan Main Road contrary to the finally published survey map of Ward No.2, JNAC. Based on this report it is contended that Special Officer has modified the order of status -quo granted earlier through his letter no.1509 dated 1 st July, 2014, impugned herein. This has led the petitioner to approach this Court being aggrieved with the action of the respondent authorities of JNAC and the construction being carried out by respondent no.5.

(3.) Through a supplementary affidavit petitioner has conveyed that Anchal Amin conducted measurement and found that respondent no.5 has encroached upon plot no.688 belonging to the petitioner which was reported to the Circle Officer, Jamshedpur and to the Additional Collector, Jamshedpur through letter no.2131 dated 12 th August, 2015. The report of the Anchal Amin contained in Annexure -14 to the supplementary affidavit states that an inspection of the under -construction house by the respondent no.5 on comparison of the maps of 1934 -35 and present survey map of 1970 -71, it is found that the construction was being done on plot no.996 (3) new survey plot no. 683 a portion of Plot no.688 having an area of 01.4 decimals.