Jharkhand High Court
Atma Ram Poddar vs State Of Jharkhand & Ors on 30 August, 2011
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C)No.2909 of 2011
Atma Ram Poddar. ... ... ... ...Petitioner
Versus
1. The State of Jharkhand.
2. The Chairman, Ranchi Regional Area Development
Authority, Ranchi (Jharkhand).
3. The Secretary, Ranchi Regional Area Development
Authority, Ranchi(Jharkhand).
4. The Deputy Secretary, Ranchi Regional Area
Development Authority, Ranchi(Jharkhand).
5. The Land Revenue Officer, Kutchery Road,
Ranchi (Jharkhand).
6. The Land Rectification Officer, Kutchery Road,
Ranchi (Jharkhand). ... ... ... ...Respondents
CORAM: HON'BLE MRS. JUSTICE POONAM SRIVASTAV
For the Petitioner: Mr. N.K.Pasari, Advocate.
For the State: G.A.
For the R.R.D.A.: Mr. Prashant Kumar Singh, Advocate.
05/ 30.08.2011The instant writ petition is preferred challenging the order dated 15th February, 2011 received by the petitioner on 25th March, 2011.
Grievance is that the Building Construction Plan submitted by the petitioner was initially sanctioned but subsequently a revised plan was submitted which stands rejected as on today. The revised plan was not sanctioned on account of the reason that no certificate under the Urban Land Ceiling Act was submitted. Notice issued by the R.R.D.A. is annexed as Annexure No.10 to the Supplementary Affidavit, which states that Shri Atma Ram Poddar has failed to submit the aforesaid certificate, which is prerequisite before the plan can be sanctioned.
Submission on behalf of the petitioner is that previously the plan was sanctioned without requiring certificate under the Urban Land Ceiling Act and it is only when the revised plan was submitted, respondents insisted for such a certificate.
Learned Counsel asserts that since the Urban Land Ceiling Act now stands abolished, it cannot be made a prerequisite. A representation to this effect was made to the ViceChairman, R.R.D.A., Ranchi in reply to the letter No.2593 dated 15th February, 2011 that another member of his family Shri Sourabh Poddar had also applied sanction of his plan by means of order No.365/07 dated 27th December, 2007 but the petitioner is being unnecessarily harassed by the R.R.D.A. 2. On perusal of the record and the consideration of the submissions made by the Counsel appearing on behalf of the petitioner, R.R.D.A. and Ranchi Municipal Corporation, I am of the considered view that the insistence for production of a certificate under the Urban Land Ceiling Act should not be insisted upon since admittedly the Act now stands abolished. Besides it is also brought to my notice that now the Sanctioning Authority is Ranchi Municipal Corporation and not R.R.D.A., the entire matter stands now transferred to the Municipal Corporation. It has also been arrayed as respondent subsequently during the course of the proceedings. The Counsel appearing on behalf of the Municipal Corporation is present.
The writ petition is disposed of with the direction that the Municipal Corporation shall examine the revised plan and pass necessary orders in accordance with law. However, modalities between the two Departments i.e. the R.R.D.A. and the Municipal Corporation regarding availability of the records and other documents etc. shall be resolved and taken care of between two Departments inter se. No further delay shall be caused to the petitioner and necessary steps to sanction the plan in accordance with law shall be taken preferably within a period of two months from today.
With this observation, the writ petition stands disposed of.
[Poonam Srivastav,J.] P.K.S.