Sant Tulsi Apartment through Its Developer Kavita Prasad Vs Ranchi Municipal Corporation — Jharkhand HC (2024) — LawSathi Research

Sant Tulsi Apartment through Its Developer Kavita Prasad Vs Ranchi Municipal Corporation — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction issued to respondent No.2 to take appropriate decision on the petitioner's application dated 16.11.2021 seeking revision of original building plan relating to Building Plan No. 1192/2007 in accordance with law within six weeks from receipt/production of a copy of the order; the writ petition was disposed of with this observation and direction, and I.A. No. 4463/2022 also stands disposed of.

Issue for consideration

Whether respondent No.2 should be directed to expeditiously decide the petitioner's revised building plan application (dated 16.11.2021) for necessary revision in sanctioned Building Plan No. 1192/2007.

Court's answer

Respondent No.2 (The Municipal Commissioner, Ranchi Municipal Corporation) is directed to take appropriate decision on the petitioner's application dated 16.11.2021 seeking revision of the original building plan relating to Building Plan No. 1192/2007, in accordance with law, within six weeks from the date of receipt/production of a copy of the order.

Detailed headnote1 paragraphs

W.P.(C) No. 2218 of 2022, High Court of Jharkhand at Ranchi (Justice Rajesh Shankar), decided 12.06.2024. Sant Tulsi Apartment, through its developer Kavita Prasad, sought a direction to the Ranchi Municipal Corporation authorities to expeditiously decide its application dated 16.11.2021 for revision of sanctioned Building Plan No. 1192/2007, filed after land-use deviations permissible under the building bye-laws were flagged. Background: inspection following complaint led to U.C. Case No. 116/2017; order dated 22.02.2021 directed removal of deviations; Misc. Appeal No. 01/2021 before the Appellate Tribunal, RRDA was dismissed vide order dated 09.06.2022; related grievances are already before this Court in pending W.P.(C) No. 3169/2022. Held: respondent No.2 (Municipal Commissioner, RMC) to take appropriate decision on the 16.11.2021 revision application in accordance with law within six weeks from receipt/production of the order copy; writ petition disposed of accordingly, and I.A. No. 4463/2022 also disposed of.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No. 2218 of 2022

Sant Tulsi Apartment, through its developer, Kavita Prasad, Ranchi

….. Petitioner

Versus

Ranchi Municipal Corporation, Ranchi

The Municipal Commissioner, Ranchi Municipal Corporation, Ranchi

The Deputy Municipal Commissioner, Ranchi Municipal Corporation, Ranchi

….. Respondents

CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR

----For the Petitioner: Mr. Rajendra Krishna For the Respondents: Mr. Shashank Shekhar

06/12.06.2024 The present writ petition has been filed for issuance of direction upon the concerned respondents to expeditiously decide the revised building plan submitted by the petitioner for necessary revision in sanctioned Building Plan No. 1192/2007 considering the fact that at the time of construction of the building in question in the year 2007, the use of the land was changed at some places as the said change was permissible under the building bye-laws for which revised sanctioned building plan has been filed, however, the same has not yet been decided by the respondent authorities.

Learned counsel for the petitioner submits that pursuant to a complaint, the authorities of Ranchi Municipal Corporation carried out an inspection in the building premises of the petitioner wherein certain deviations were found. Subsequently, U.C. Case No. 116/2017 was initiated and vide order dated 22.02.2021, the petitioner was directed to remove the said deviations. Aggrieved with the said order, the petitioner preferred an appeal i.e. Misc. Appeal No. 01/2021 before the Appellate Tribunal, Ranchi Regional Development Authority, Ranchi, which was also dismissed by the Appellate Tribunal vide order dated 09.06.2022. Aggrieved with the afoersaid orders

passed in U.C. Case No. 116/2017 as well as in Misc. Appeal No. 01/2021, the petitioner has preferred a writ petition being W.P.(C) No. 3169/2022 before this Court which is pending adjudication.

It is also submitted that pursuant to the order dated 22.02.2021 passed in U. C. Case No. 116/2017, the petitioner filed an application before Ranchi Municipal Corporation on 16.11.2021 (Annexure-2 to the present writ petition) seeking revision in the original building plan. However, the competent authority i.e. the respondent No.2 has not taken any decision on the said application which has compelled the petitioner to prefer the present writ petition.

Mr. Shashank Shekhar, learned counsel appearing on behalf of the respondents, submits that if the said application has not yet been disposed of by the respondent No.2, the same will be disposed of without further delay.

Having heard learned counsel for the parties and considering the limited prayer made by the petitioner in the present writ petition, the respondent No.2 is directed to take appropriate decision on the petitioner’s application dated 16.11.2021 seeking revision of original building plan relating to Building Plan No. 1192/2007 in accordance with law within six weeks from the date of receipt/production of a copy of this order.

The present writ petition is accordingly disposed of with the aforesaid observation and direction.

Consequently, I.A. No. 4463/2022 also stands disposed of.

(RAJESH SHANKAR, J)

Satish/-