IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.17293 of 2010
M/S NAVYUG HOMES PRIVATE LTD. .
Versus
THE PATNA MUNICIPAL CORPORATION & ors .
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2. 14.12.2010 Heard learned Counsel for the petitioner and the learned
Counsel for the Patna Municipal Corporation as also the learned
Counsel for the intervener.
On the own showing of the petitioner he had sanction for
a ground plus five storied building but had constructed a ground
plus six storied building. Additionally, it is also acknowledged on
the part of the petitioner that the circumstances as they exist the
sanction of the Airport Authority of India is also still awaited.
In that view of the matter, in exercise of discretionary
jurisdiction under Article 226 of the Constitution of India this
Court finds no reason to interfere with the impugned order dated
29.9.2010 stopping further construction.
The contention that stoppage of the work has been
ordered abruptly without any show cause notice stands best
answered by the direction that the order dated 29.2.2010 be
treated as a show cause notice. After the petitioner appears
before the Municipal Authorities with a copy of the present order
they shall be obliged to serve upon him the additional grounds
on which they have directed stoppage of the construction with a
liberty to file a reply by the petitioner. Thereafter the matter shall
be considered by the Municipal Authorities in accordance with
law. If aggrieved the remedy shall lie before the Municipal
Tribunal first.
The Municipal authorities shall conclude the issue in the
aforesaid manner and pass a final reasoned and speaking order
preferably within a maximum period of two months from the
date of receipt and/or presentation of a copy of this order.
The writ application is dismissed.
Snkumar/- (Navin Sinha,J.)