RANCHI REGIONAL DEVELOPMENT AUTHORITY THROUGH ITS SECRETARY, MR.AJAY SHEKHAR AND THE SECRETARY, RANCHI REGIONAL DEVELOPMENT AUTHORITY Vs. DOMCO (PRIVATE) LTD.THROUGH ITS DIRECTOR, SRI RAM CHANDRA PRAKASH AND THE SECRETARY, URBAN DEVELOPMENT, GOVERNMENT OF JHARKHAND

JUDGEMENT

(1.) M /s DEMCO Pvt. Ltd., the owner of the land in question applied for a Land Use Certificate from Ranchi Regional Development Authority (hereinafter referred to as "RRDA" for short). After considering the same, the RRDA issued a letter dated 29.11.2003 informing M/s. DEMCO Pvt. Ltd. that part of the land in question, i.e., R.S. Plot No. 1133 is residential and a part of the same falls in open space in the existing Master Plan of Ranchi Town.

(2.) CHALLENGING the same, M/s. DEMCO Pvt. Ltd. preferred a writ petition for quashing the letter dated 29.11.2003 and asked for a mandamus to be issued to the authorities to accept the map submitted by the petitioner before the RRDA and to sanction the petitioner FAR (Floor Area Ratio).

(3.) ACCORDING to the writ petitioner before the Writ Court, the building over the land commonly known as Golkothi was constructed about 50 years back, i.e. some time in the year 1935 and the predecessor in interest of the petitioner let out the said building together with the land to the District Soil Conservation and the fair rent also has been fixed in respect of the building by the authorities concerned and since the building was there over the land the respondent authorities, i.e., RRDA cannot claim that the part of the Plot No. 1133 is residential and part of the plot is open space, thereby rejecting the application for the sanction of Floor Area Ratio.