Jharkhand High Court
Har Narain Lakhotia vs State Of Jharkhand & Ors on 21 November, 2016
Author: D.N.Patel
Bench: D.N. Patel, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P.(PIL) No. 1531 of 2011
Har Narain Lakhotia S/o late Shiv Narain Lakhotia resident of Flat No. 3B, third
Floor Chandralok Apartment, Court Road, PO-GPO, PS- Kotwali, District-
Ranchi. ... Petitioner
VERSUS
1. The State of Jharkhand,
2. Dy. Commissioner, Ranchi,
3. Superintendent of Police (City), Ranchi,
4. Vice Chairman, Ranchi Regional Development Authority, Ranchi,
5. Chief Executive Officer, Ranchi Municipal Corporation, Ranchi;
6. Sanjay Vidrohi, owner of Godown/shop in the basement of Chandralok
Apartment, Court Road, Ranchi.
7. Confederation of the Real Estate Development of India, Jharkhand Chapter,
having its office at 62, Circular Road, Ranchi through its President Kumud
Kumar Jha, S/o Sri I.S. Jha, R/o 18, Heritage Garden, H.B. Road, Ranchi.
... Respondents
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CORAM :- HON'BLE MR. JUSTICE D.N. PATEL
HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Petitioner : JC to Mr. Abhijeet Kumar Singh, Advocate
For the State : Mr. R.R. Mishra, G.P.-II &
Mr. Arbind Kumar, JC to G.P.-II
For the Respondent No.6 : Mr. Sumeet Gododia, Advocate
For the RMC : Mr. L.C.N. Sahdeo, Advocate
For the Intervenor : Mr. Jitendra S. Singh, Advocate
37/ Dated 21.11.2016:
(Oral Order)
Per D.N.Patel, J.
Having heard counsel for both the sides at length and looking to the facts and circumstances of the present case, it appears that this is not a Public Interest Litigation at all.
2. Prayer made in this writ petition reads as under:
"For issuance of an appropriate writ, order, direction to the respondents to immediately remove the illegal and unauthorized structure being used as Godown and shop, constructed in the parking area of Chandralok apartment constructed after due approval of the plan by R.R.D.A. in B.C. Case No. 359/96 dated 29.6.1996 sanctioning G+3 storied building along with car parking in the basement of the building in the name and style of Chandralok apartment, as the illegal construction of Godown/shop has created nuisance to the resident of the apartment besides severe problem of parking of the vehicle in the prescribed place besides several problems in case of any vismajor and fire.
3. It appears that respondent No.6 is the purchaser of the property. It further appears that plot, in question, is ad-measuring approximately an area of 383.48 sq. mt. Floor Area Ratio (FAR) i.e. maximum permissible construction in the area in question is 2.5. Thus permissible maximum construction upon the plot in question is 383.48 sq. mt x 2.5, which comes to 958.7 sq. mt.
4. It is vehemently submitted by the counsel for the Ranchi Municipal Corporation that additional construction was at 0.39 percentage. Meaning thereby, additional construction is approximately 3.73 sq mt.
5. Thus the whole matter is revolving around only 3.73 sq mt. additional construction at the highest.
6. It is vehemently alleged by the counsel for respondent No.6, who is the purchaser of the aforesaid additional construction, that earlier also same orchestra was played by this petitioner and ultimately, Ranchi Regional Development Authority (RRDA) had regularized the said construction upon payment of Rs.1,52,140/- .
7. Thus looking to the nature of this petition, it appears that original petitioner has several allegations to be levelled against the purchaser of the property, who is respondent No.6. This respondent No.6 has already paid the consideration amount to the builder. Original builder has also paid penalty of Rs.1,52,140/- to the RRDA. Now the property is within the territorial limits of Ranchi Municipal Corporation (RMC).
8. Looking to the allegations and the nature of illegal construction and also looking to the earlier regularization orders and the payment of money already made to the original builder, we see no reason to entertain this writ petition as Public Interest Litigation. Even otherwise, this writ petition is of the year 2011. There is enough monitoring by this Court about the illegality of construction in the city of Ranchi. C.B.I. is given direction to investigate the matter about the illegality of construction. In several matters, charge sheet has been filed and few have been quashed and set aside by this Court in exercising of power under Section 482, Cr.P.C. Still inter se dispute between the so-called dissatisfied souls and so-called builders and purchasers are still going on in this city.
9. Be as it may, the fact remains that in this case we do not want to further monitor the illegal construction in the city of Ranchi. Enough steps have been taken by the RMC and the RRDA. Now they are scrutinizing the plans with vigilant eyes and those few officers, who are in collusion with the builders, are also given notice.
10. In view of these facts, there is no need of further monitoring of the illegal construction in the city of Ranchi. Hence, this Public Interest Litigation is hereby disposed of.
11. All the interlocutory applications, preferred in this writ petition, are brought to an end because main writ petition is disposed of. If any person, who is applicant of the interlocutory application, wants to file Public Interest Litigation, he is at liberty to file it at his own risk with necessary details about the genuinity of the Public Interest Litigation, appropriate averments, allegations and annexures.
(D.N. Patel, J) (Ratnaker Bhengra,J) SD/SB