IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 5977 of 2010
Hari Shankar Prasad ...... Petitioner
Versus
Ranchi Regional Development Authority, Ranchi & ors. ...... Respondents
CORAM: HON'BLE MR. JUSTICE D.N. PATEL
For the Petitioner : Mr. Bhaiya Vishwajeet Kumar, Advocate
For Respondent Nos. 1 & 2 : Mr. A.K. Singh, Advocate
For Respondent No. 5 : Mr. Indrajit Sinha, Advocate
th
07/Dated: 4 May, 2011
1.
Having heard learned counsel for both the sides and looking to the facts
and circumstances of the case, it appears that, prima facie, unauthorized
construction is being done by respondent no. 5.
2. Learned counsel for the respondentR.R.D.A. submitted that the
construction, so far carried out as on today, is not as per the approved plan
and, therefore, hearing is going on before the Vice Chancellor, R.R.D.A. and
the matter is fixed for 20th May, 2011.
3. Learned counsel for respondent no. 5 also admits that though as on today
the construction is more than, what is approved by the R.R.D.A., but, the
revised map has been tendered.
4. Learned counsel for the petitioner submitted that all wisdom goes to
respondent no. 5 because of filing of the petition, and after filing of the
petition, for selling out the illegal construction so called revised plan has been
submitted, which is also against law.
5. In view of the aforesaid facts, I hereby restrain respondent no. 5 or his
sources, agents and such other persons, who are working on his behalf, from
making any further construction upon the property involved in this petition.
Respondent no. 5 will not even do anything in construction so that
construction work may not go ahead. I also direct R.R.D.A. to take colour
photographs of the construction, within a period of two days from today.
Photographs will show the date on which they are taken. Negatives of those
photographs will be preserved by the R.R.D.A. and positive copies of the
photographs will be tendered to this Court. I also direct R.R.D.A. to draw
Panchnama of the construction, so far carried out by respondent no. 5. No
addition like colouring etc. may be added with the photographs. The colour
photographs, Panchnama etc. will be taken at the cost of respondent no. 5,
2
which will be deposited by respondent no. 5. Initially, the R.R.D.A. will take
Panchnama at its own cost, thereafter, the cost of same will be recovered from
respondent no. 5 and I also direct the R.R.D.A. to file detail counter affidavit
stating therein:
(i) What is the area of the plot, in question, in Square Feet, claimed by
respondent no. 5.
(ii) What is Floor Space Index, prevailing in the area concerned.
(iii) What is the total construction, permissible in the plot, alleged to be
owned or possessed by respondent no. 5.
(iv) Bifurcation of the permitted construction area, floorwise.
(v) Margins to be left from the road side.
(vi) What is the maximum permissible variation in the maps, sanctioned
in terms of construction (what is permissible deviation in the
construction).
6. I hereby direct the Vice Chancellor, R.R.D.A. to state on oath the aforesaid
facts on or before the next date of hearing.
7. The matter is adjourned to be listed on 7th June, 2011.
(D.N. Patel, J.)
Ajay/