RAJDHANI UNNAYAN KARTRIPAKKHA (RAJUK) Vs. JAMUNA BUILDERS LTD.

JUDGEMENT

(1.) Writ respondents Rajdhani Unnayan Kartripakkha and its Authorised Officer as petitioners preferred this petition seeking leave to appeal against the judgment and order dated 9-5-2005 passed by the High Court Division in Writ Petition No.6305 of 2003 making the Rule absolute.

(2.) The facts, in short, are, that the respondents as writ petitioners moved the High Court Division under Article 102 of the Constitution challenging the legality of Memo No.SEL/eAA/2cP-85/2002/599Oqix dated 17-11-2002 (Annexure A to the writ petition) and for directing the writ respondents to give sanction to the proposed plan of their project stating, inter alia, that the respondent No. 1 is a private limited company incorporated under the Companies Act, 1994 with its objects, inter alia, to construct commercial and residential buildings, engaging in the real estate business and that the company finalised the infrastructure of a project for developing a shopping complex named

(3.) The writ respondents contested the Rule filing affidavit-in-opposition denying the material allegations made in the writ petition contending, inter alia, that notice was served upon the writ petitioner company requesting to submit RAJUK approved plan but to no effect and that a report was published in the Daily Janakantha dated 10-8-2002 regarding unauthorised construction of the Jamuna Future Park, the project of the writ petitioners, and the writ petitioners did not produce any document nor give any explanation for nonfiling of the approved plan and, as such, the writ petitioner No.2 being the Managing Director of the writ petitioner No.1 company was served with another notice dated 12-8-2002 (Annexure IB to the writ petition) to which the writ petitioner No.2 gave a reply on 13-8-2002 from which it could not be considered whether the writ petitioner started construction with any prior approval of RAJUK and, as such, the writ petitioner was asked to stop construction and dismantle the unauthorised construction under the provision of the Building Construction Act, 1952.