Dismissed

Deepak Agarwal v. Chas Municipal Corporation through Its Chief Executive Officer

Jharkhand HC8 Jun 2020WPC/3812/2019

Case brief

AI extract

What is this about?

Single judge order disposing of a writ petition seeking direction to remove illegal commercial building and mobile tower. The court directed the municipal corporation to issue notices and hear all parties within four months.

What did the court decide?

Direction to respondent No. 1 to issue notices and decide the matter after hearing within 4 months.

Deepak Agarwal Vs Chas Municipal Corporation through… — Landlord and Tenant | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 3812 of 2019

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Deepak Agarwal …Petitioner

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-V e r s u s-

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Chas Municipal Corporation through its Chief Executive Officer, DistrictBokaro 2. Additional Municipal Commissioner, Chas Municipal Corporation, District- Bokaro

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Binny Kakkar

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...Respondents

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CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner :- Mr. Sumeet Gadodia, Advocate For the Respondent nos. 1 & 2 :- Mr. Amrendra Kumar, Advocate

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Order No.-03 Dated: 08.06.2020

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The present case is taken up through Audio/Video conferencing.

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2. The present writ petition has been filed for issuance of direction upon the respondent no.1- Chas Municipal Corporation to take necessary steps under the provisions of Jharkhand Municipal Act, 2011 for removal of illegal and unauthorized construction made by the respondent no. 3 over plot no. 7217 under khata no. 84 and plot nos. 7208 and 7209 under khata no. 177, Mouza- Chas, Thana- Chas, District- Bokaro (hereinafter to be called as “the said land”), as the respondent no.3 has constructed a commercial building over the said land without any plan sanctioned by the respondent no.1. Further prayer has been made for issuance of direction upon the respondent no. 1 to initiate appropriate proceeding against the respondent no. 3 for making illegal construction of mobile tower on the roof of her commercial building situated over the said land.

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3. Learned counsel for the petitioner submits that the respondent no -3 has constructed a commercial building over the said land without any plan sanctioned by the respondent no. 1 in utter violation of the buildings bye-laws. The respondent no.3 has even got a mobile tower erected on the top of the said building without taking permission from competent authority including the respondent no. 1. The petitioner being the owner of the adjacent plot is directly affected by the illegal construction made by the respondent no. 3 as well as due to erection of mobile tower on the said building. The petitioner filed a representation dated 06.02.2019 before the respondent no. 1 agitating the said issue,

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the copy of which has been annexed as Annexure-2 to the writ petition. Subsequently, notice dated 27.03.2019 (Annexure-3 to the writ petition) was issued to the respondent no. 3 under the signature of the respondent no. 2- the Additional Municipal Commissioner, Chas Municipal Corporation, calling upon her to produce the relevant documents i.e. the sanctioned map, copies of documents relating to land, approval letter for erecting mobile tower over the said building as well as Fire NOC letter. However, the respondent no. 3 did not respond the said notice dated 27.03.2019 due to which another notice was issued to her by the respondent no. 2 as contained in memo no. 1604 dated 22.05.2019 (Annexure-4 to the writ petition).

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4. Reference may be made to order dated 23.09.2019, whereby the respondent-Chas Municipal Corporation was directed to file counter affidavit.

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5. Mr. Amrendra Kumar, learned counsel appearing on behalf of the respondent nos. 1 and 2, submits that the counter affidavit has not yet been filed in the present case.

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6. Having heard the learned counsel for the petitioner, learned counsel for the respondent nos. 1 & 2 and keeping in view the nature of prayer made in the writ petition, without going into the merit of the case, the respondent no. 1 is directed to take up the present matter and on issuance of notices to the petitioner and the respondent no. 3 as well as after providing due opportunity of hearing to all the concerned parties to take an appropriate decision in accordance with law, preferably within a period of 4 (four) months from the date of receipt/production of a copy of this order.

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7. The writ petition is disposed of with aforesaid direction.

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(Rajesh Shankar, J.)

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Ritesh/

Deepak Agarwal v. Chas Municipal Corporation through Its Chief Executive Officer

Case brief

What is this about?

What did the court decide?

Deepak Agarwal v. Chas Municipal Corporation through Its Chief Executive Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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