Smt. Bandana Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19105 of 2015 ======================================================
1. Smt. Bandana Singh w/o Shri Alok Kumar Singh, R/o Flat No. 201 A, Vaishnavi Plaza, Dwarika Mandir Lane, West Boring Canal Road, P.S.- Shrikrishnapuri, District- Patna (Bihar)
2. Shri Vijay Kumar Sinha S/o Late Sidheshwar Prasad Singh, R/o Flat No. 304 B
3. Smt. Usha Shrivastava, W/o Late Kamleshwari Prasad, R/o Flat No. 305B,
4. Arhul Devi, W/o Shri Gajendra Prasad Yadav, R/o Flat No. 103A. All resident of Vaishnavi Plaza, Dwarika Mandir Lane, West Boring Canal Road, P.S.- Shri Krishnapuri, District- Patna, Bihar .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development Department, Govt. of Bihar, Patna
2. The Patna Municipal Corporation through its Municipal Commissioner, Maurya Lok Complex, Patna. Pin Code 800001
3. The Municipal Commissioner, Maurya Lok Complex, Patna, Pin Code800001 .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Sinha For the Respondent/s : Mr. Raj Nandan Prasad- Sc9 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-12-2015 Heard Mr. Shailendra Kumar Sinha for the petitioner and Mr. Sanjay Prakash Verma for the respondent-Patna Municipal Corporation.
The petitioners claimed to be the buyer/owner of the flats in Vaishnavi Plaza Apartment, Radha Krishna Dwarika Mandir, West Boring Canal Road, Patna and further claimed to have mutated their names in the municipal records after purchase of the flats. By the impugned notice published in the Dainik
Patna High Court CWJC No.19105 of 2015 (2) dt.22-12-2015 2/3 Jagran dated 28th November, 2015 (Annexure-6) a notice has been given to all concerned including the occupier thereof to vacate the apartment/building in the light of the order passed in Vigilance case no. 39(A) of 2000 and the connected appeal bearing no. 176 of 2006.
Mr. Sinha submitted that under the proviso to Section 323(1) of the Bihar Municipal Act, 2007, ( for short 'the Act') the occupiers or the owners of the flat are required to be given an opportunity of submitting their explanation against such order for vacating the apartment for the purpose of demolition. They were not aware of the orders passed by the authority or the Building Tribunal.
Mr. Verma counsel for the Municipal Corporation has pointed out that the order passed by the authority under the Act on 18.11.2006 as well as the order passed by the appellate authority on 18.01.2012 are not under challenge. The building was declared unfit and it was directed to be demolished. One block of the said apartment has already collapsed. The sanction plan of the apartment in- question has been rejected by the authority. If that be so then the petitioner cannot be granted any relief.
Having heard the parties, in my view, the ends of
Patna High Court CWJC No.19105 of 2015 (2) dt.22-12-2015 3/3 justice shall be sub served if the petitioners are granted an opportunity to file their representation against the impugned notice before the authority for consideration in accordance with law. Let the petitioners file their representation(s) against the impugned notice on or before 30th of December, 2015 for consideration of their claim/representation(s) by the appropriate authority.
Until 4th of January, 2016, the respondents shall not take any coercive steps in the light of the notice (Annexure-6) in respect of the petitioners of the present case. The writ application is disposed of.
(Kishore Kumar Mandal, J) Shyam/- U