Supreme Court - Daily Orders
Babita Badasaria vs Patna Municipal Corporation . on 9 July, 2014
²\ 1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 337 OF 2013
BABITA BADASARIA & ORS. ... PETITIONER(S)
VERSUS
PATNA MUNICIPAL CORPORATION & ORS. ...RESPONDENT(S)
O R D E R
By Order dated 7.05.2013, while dismissing Civil Appeal No. 5470 of 2004 filed by respondent No. 4 herein, namely, M/s Saket Housing Ltd., we maintained the Order passed by the concerned Authority for demolition of the unauthorised structure. While doing so, we made the following observations:
"In the facts and circumstances of the case, we direct the respondents and their successors to demolish the unauthorised construction forthwith. The amount deposited by the appellant along with interest accrued thereon be transmitted in the account of Patna Municipal Corporation forthwith. The cost of demolition shall be borne from this account. In case further amount is needed, same shall be recovered from the appellant. If any amount is left, the Patna Municipal Corporation shall transfer the same to the Chief Minister’s Relief Fund. In case, appellant volunteers to remove and demolish the unauthorised construction, the respondent may allow it to do so. But it shall be the Signature Not Verified responsibility of the respondent and Patna Digitally signed by Sushil Kumar Rakheja Date: 2014.07.10 Municipal Corporation to see that the 17:21:42 IST Reason: orders have been carried out by the appellant in true letter and spirit. In that case the entire sum of Rs. 75 lakhs with accrued interest shall be transferred 2 to the Chief Minister’s Relief Fund. We direct the Chief Secretary and the Director General of the Police of the State of Bihar to ensure compliance of this Order within two months from the date of the receipt of the copy of this order and sent the compliance report."
This writ petition under Article 32 of the Constitution of India has been filed by those persons who claim to be affected by the order of demolition. Their prayer, inter alia, is as follows:
"Pass an order in the nature of writ of mandamus or any other writ, order or direction to the respondents directing them not to demolish or take any action/coercive measure for demolition of the building by the name ’Santosha Complex’ situated in Bandar Bagicha, Fraser Road, Patna (Bihar) or any portion or part thereof"
The prayer made by the petitioners, if granted, would be directly in teeth of the Order dated 7.05.2013 aforesaid. Hence, the prayer made by the petitioners is not possible to be granted. Thereafter, petitioners have filed application (I.A. No. 4) for amendment in the relief portion, which reads as follows:
"Pass an order directing respondent No. 1 to comply with the direction of the Vice-Chairman of the then PRDA in its order dated 24.02.2000 (Annex. P/2 at pg. 57 of the writ petition) and communicate to the petitioners within a stipulated period of time about the details of construction to be demolished in the building, Santosha Complex and names of the 3 persons/owners/petitioners who would be affected by such demolition and thereafter, direct respondent No. 4 to adequately compensate the aforesaid affected persons/owners/petitioners and pay them such amount as is determined by this Hon’ble Court."
We have heard the matter on several dates. The prayer originally made in the writ petition being absolutely misconceived. We have given our anxious consideration, how to mould the relief to do complete justice in the light of the amended prayer. By Order dated 2.05.2014 we have directed respondent No. 4 to deposit a sum of Rs. 25 Crore or furnish the Bank guarantee. In compliance of the said order, respondent No. 4 has furnished two Bank guarantees in the sum of Rs. 10 Crore and Rs. 15 Crore.
Having heard learned counsel for the parties and in the facts and circumstances of the case, we are of the opinion that ends of justice shall be met by directing payment @ Rs. 6,000/- per sq. ft. to the persons who shall be affected on account of the demolition. Those persons shall be entitled to have the amount @ Rs. 6,000/- per sq. ft. of the carpet area, i.e., the area transferred to individuals and not the common area.
4For ascertaining the carpet area of each of the persons, we appoint Mr. Justice S.N. Jha, former Chief Justice of the Rajasthan High Court, as the Commissioner. The Patna Municipal Corporation shall within one week furnish to the Commissioner the area/ flats to be demolished in terms of the Order dated 7.05.2013 passed in Civil Appeal No. 5470 of 2004. The Commissioner shall ascertain through the agency of his choice the carpet area in possession of each of the persons going to be affected by the demolition. He will not decide inter se disputes between rival claimants. In such cases he will determine the carpet area. On such report, the Registry of the Court will earmark sum calculated on the aforesaid basis and deposit in an interest bearing account. The amount along with interest shall be disbursed to the person establishing the right before a Court of competent jurisdiction. As regards others, on the report of the Commissioner, the Registry of this Court shall disburse the amount calculated on the aforesaid basis to all those persons given by the Commissioner. The Commissioner may indicate the amount one would be entitled calculated on aforesaid basis. The functionaries of the Patna Municipal 5 Corporation and the State Government shall provide to the Commissioner all facilities as required by him.
Within four weeks of the payment, all those persons shall vacate the premises in their occupation and hand it over to the Patna Municipal Corporation. In cases having inter se dispute between rival claimants, they shall also vacate the same within four weeks of submission of the report and shall not wait for the disbursement of amount. In case any one of them does not do so, he will be evicted by using force. Immediately thereafter all concerned will act in accordance with the directions given by this Court in its Order dated 7.05.2013 passed in Civil Appeal No. 5470 of 2004.
After the disbursement of the amount, as aforesaid, left over amount, if any, shall be returned to respondent No. 4.
The Bank guarantee(s) furnished by respondent No. 4 be encashed and the disbursement, as aforesaid, be made. The encashed amount be deposited in an interest bearing account and the disbursement be made from that from time to time. At the first instance, one of the Bank guarantees, i.e., Rs. 15 Crore be encashed.
We fix the fee of the Commissioner @ Rs. 2 lac per 6 sitting and that shall be disbursed from the amount already deposited by respondent No. 4. For the present, a sum of Rs. 10 lac be disbursed to Mr. Justice S.N. Jha forthwith. Rest of the fee be paid to him whenever asked for.
All these exercise including demolition be completed within a period of ten weeks.
We make it clear that any deviation in carrying out this order shall be viewed seriously.
The writ petition is disposed of with the directions aforesaid.
................................J. (CHANDRAMAULI KR. PRASAD) ...............................J. (PINAKI CHANDRA GHOSE) New Delhi, July 9, 2014 7 ITEM NO.2 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 337/2013 BABITA BADASARIA & ORS. Petitioner(s) VERSUS PATNA MUNICIPAL CORPORATION & ORS. Respondent(s) (With Office Report) Date : 09/07/2014 This petition was called on for hearing today. CORAM :
HON’BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD HON’BLE MR. JUSTICE PINAKI CHANDRA GHOSE For Petitioner(s) Mr. Ravinder Srivastava, Sr. Adv.
Mr. Devashish Bharuka ,Adv.
Mr. Aishwarya Kaushiq, Adv.
For Respondent(s) Mr. Guru Krishna Kumar, Sr. Adv. RR-4 Mr. Rajiv Shankar Dvivedi ,Adv.
Ms. Prasanna, Adv.
Mr. Sushant Sarkar, Adv.
Mr. Abhinav Mukerji ,Adv.
Mr. Rudreshwar Singh, Adv.
Mr. Gopal Jha, Adv.
Mr. Ashutosh Nath, Adv.
Mr. Kaushik Poddar ,Adv.
UPON hearing the counsel the Court made the following O R D E R The writ petition is disposed of in terms of the signed order.
In view of disposal of the writ petition no order needs to be passed on I.As.
(S.K. RAKHEJA) (INDU SATIJA)
COURT MASTER ASSISTANT REGISTRAR
(Signed Order is placed on the file) ²\ 1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 337 OF 2013 BABITA BADASARIA & ORS. ... PETITIONER(S) VERSUS PATNA MUNICIPAL CORPORATION & ORS. ...RESPONDENT(S) O R D E R By Order dated 7.05.2013, while dismissing Civil Appeal No. 5470 of 2004 filed by respondent No. 4 herein, namely, M/s Saket Housing Ltd., we maintained the Order passed by the concerned Authority for demolition of the unauthorised structure. While doing so, we made the following observations:
"In the facts and circumstances of the case, we direct the respondents and their successors to demolish the unauthorised construction forthwith. The amount deposited by the appellant along with interest accrued thereon be transmitted in the account of Patna Municipal Corporation forthwith. The cost of demolition shall be borne from this account. In case further amount is needed, same shall be recovered from the appellant. If any amount is left, the Patna Municipal Corporation shall transfer the same to the Chief Minister’s Relief Fund. In case, appellant volunteers to remove and demolish the unauthorised construction, the respondent may allow it to do so. But it shall be the Signature Not Verified responsibility of the respondent and Patna Digitally signed by Sushil Kumar Rakheja Date: 2014.07.10 Municipal Corporation to see that the 17:21:42 IST Reason: orders have been carried out by the appellant in true letter and spirit. In that case the entire sum of Rs. 75 lakhs with accrued interest shall be transferred 2 to the Chief Minister’s Relief Fund. We direct the Chief Secretary and the Director General of the Police of the State of Bihar to ensure compliance of this Order within two months from the date of the receipt of the copy of this order and sent the compliance report."
This writ petition under Article 32 of the Constitution of India has been filed by those persons who claim to be affected by the order of demolition. Their prayer, inter alia, is as follows:
"Pass an order in the nature of writ of mandamus or any other writ, order or direction to the respondents directing them not to demolish or take any action/coercive measure for demolition of the building by the name ’Santosha Complex’ situated in Bandar Bagicha, Fraser Road, Patna (Bihar) or any portion or part thereof"
The prayer made by the petitioners, if granted, would be directly in teeth of the Order dated 7.05.2013 aforesaid. Hence, the prayer made by the petitioners is not possible to be granted. Thereafter, petitioners have filed application (I.A. No. 4) for amendment in the relief portion, which reads as follows:
"Pass an order directing respondent No. 1 to comply with the direction of the Vice-Chairman of the then PRDA in its order dated 24.02.2000 (Annex. P/2 at pg. 57 of the writ petition) and communicate to the petitioners within a stipulated period of time about the details of construction to be demolished in the building, Santosha Complex and names of the 3 persons/owners/petitioners who would be affected by such demolition and thereafter, direct respondent No. 4 to adequately compensate the aforesaid affected persons/owners/petitioners and pay them such amount as is determined by this Hon’ble Court."
We have heard the matter on several dates. The prayer originally made in the writ petition being absolutely misconceived. We have given our anxious consideration, how to mould the relief to do complete justice in the light of the amended prayer. By Order dated 2.05.2014 we have directed respondent No. 4 to deposit a sum of Rs. 25 Crore or furnish the Bank guarantee. In compliance of the said order, respondent No. 4 has furnished two Bank guarantees in the sum of Rs. 10 Crore and Rs. 15 Crore.
Having heard learned counsel for the parties and in the facts and circumstances of the case, we are of the opinion that ends of justice shall be met by directing payment @ Rs. 6,000/- per sq. ft. to the persons who shall be affected on account of the demolition. Those persons shall be entitled to have the amount @ Rs. 6,000/- per sq. ft. of the carpet area, i.e., the area transferred to individuals and not the common area.
4For ascertaining the carpet area of each of the persons, we appoint Mr. Justice S.N. Jha, former Chief Justice of the Rajasthan High Court, as the Commissioner. The Patna Municipal Corporation shall within one week furnish to the Commissioner the area/ flats to be demolished in terms of the Order dated 7.05.2013 passed in Civil Appeal No. 5470 of 2004. The Commissioner shall ascertain through the agency of his choice the carpet area in possession of each of the persons going to be affected by the demolition. He will not decide inter se disputes between rival claimants. In such cases he will determine the carpet area. On such report, the Registry of the Court will earmark sum calculated on the aforesaid basis and deposit in an interest bearing account. The amount along with interest shall be disbursed to the person establishing the right before a Court of competent jurisdiction. As regards others, on the report of the Commissioner, the Registry of this Court shall disburse the amount calculated on the aforesaid basis to all those persons given by the Commissioner. The Commissioner may indicate the amount one would be entitled calculated on aforesaid basis. The functionaries of the Patna Municipal 5 Corporation and the State Government shall provide to the Commissioner all facilities as required by him.
Within four weeks of the payment, all those persons shall vacate the premises in their occupation and hand it over to the Patna Municipal Corporation. In cases having inter se dispute between rival claimants, they shall also vacate the same within four weeks of submission of the report and shall not wait for the disbursement of amount. In case any one of them does not do so, he will be evicted by using force. Immediately thereafter all concerned will act in accordance with the directions given by this Court in its Order dated 7.05.2013 passed in Civil Appeal No. 5470 of 2004.
After the disbursement of the amount, as aforesaid, left over amount, if any, shall be returned to respondent No. 4.
The Bank guarantee(s) furnished by respondent No. 4 be encashed and the disbursement, as aforesaid, be made. The encashed amount be deposited in an interest bearing account and the disbursement be made from that from time to time. At the first instance, one of the Bank guarantees, i.e., Rs. 15 Crore be encashed.
We fix the fee of the Commissioner @ Rs. 2 lac per 6 sitting and that shall be disbursed from the amount already deposited by respondent No. 4. For the present, a sum of Rs. 10 lac be disbursed to Mr. Justice S.N. Jha forthwith. Rest of the fee be paid to him whenever asked for.
All these exercise including demolition be completed within a period of ten weeks.
We make it clear that any deviation in carrying out this order shall be viewed seriously.
The writ petition is disposed of with the directions aforesaid.
................................J. (CHANDRAMAULI KR. PRASAD) ...............................J. (PINAKI CHANDRA GHOSE) New Delhi, July 9, 2014 7 ITEM NO.2 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 337/2013 BABITA BADASARIA & ORS. Petitioner(s) VERSUS PATNA MUNICIPAL CORPORATION & ORS. Respondent(s) (With Office Report) Date : 09/07/2014 This petition was called on for hearing today. CORAM :
HON’BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD HON’BLE MR. JUSTICE PINAKI CHANDRA GHOSE For Petitioner(s) Mr. Ravinder Srivastava, Sr. Adv.
Mr. Devashish Bharuka ,Adv.
Mr. Aishwarya Kaushiq, Adv.
For Respondent(s) Mr. Guru Krishna Kumar, Sr. Adv. RR-4 Mr. Rajiv Shankar Dvivedi ,Adv.
Ms. Prasanna, Adv.
Mr. Sushant Sarkar, Adv.
Mr. Abhinav Mukerji ,Adv.
Mr. Rudreshwar Singh, Adv.
Mr. Gopal Jha, Adv.
Mr. Ashutosh Nath, Adv.
Mr. Kaushik Poddar ,Adv.
UPON hearing the counsel the Court made the following O R D E R The writ petition is disposed of in terms of the signed order.
In view of disposal of the writ petition no order needs to be passed on I.As.
(S.K. RAKHEJA) (INDU SATIJA)
COURT MASTER ASSISTANT REGISTRAR
(Signed Order is placed on the file)