Dismissed¶¶25

Saad Hannan v. State of Jharkhand Thro Secretary Urban Development Department of Urban Development and Housing

Jharkhand HC8 Jul 2024WPC/2937/2024

Case brief

AI extract

What is this about?

occupancy certificate; no objection certificate; Ranchi Municipal Corporation; R.Ali Mall, Hindpiri/Main Road, Ranchi; U.C. Case No.7 of 2018 pending; alternative remedy of appeal under Ranchi Municipal Corporation Act, 2001; representations dated 16.01.2024 and 24.04.2024 pending; writ petition W.P. (C) No. 2937 of 2024 dismissed; High Court of Jharkhand, Ranchi; Justice Sanjay Kumar Dwivedi; respondents M/s APJ Express, M/s APJ Properties, Sri Ajay Maroo.

What did the court decide?

Since the petitioner himself initiated U.C. Case No. 7 of 2018 which is still pending, and the Ranchi Municipal Corporation has issued neither an occupancy certificate nor a no-objection certificate as yet, the petitioner can take steps within that pending U.C. Case. ¶¶22

Saad Hannan Vs State of Jharkhand Thro Secretary Urban Development Department of Urban Development and Housing — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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W.P. (C) No. 2937 of 2024

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Saad Hannan .... Petitioner

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-- Versus --

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1.The State of Jharkhand

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2.Ranchi Municipal Corporation

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3.Town Planner Ranchi Municipal Coropration

4.M/s APJ Express

5.M/s APJ Properties

6.Sri Ajay Maroo

7.The Group, Architects and Engineers .... Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--For the Petitioner :- Mr. Siddharth Jain, Advocate For the State :- Mr. Anup Agarwal, Advocate For the Ranchi Muni.Corp. :- Mr. L.C.N. Shahdeo, Advocate ----

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4 /08.07.2024 Heard the learned counsel for the petitioner, the learned counsel for the respondent State and the learned counsel appearing on behalf of the respondent Ranchi Municipal Corporation (RMC).

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The prayer in this petition has been made for issuance of direction upon the respondent authorities not to issue occupancy certificate in favour of respondent nos.4, 5 and 6 for the ongoing construction of R.Ali Mall situated at ward no.3(old) and ward no.13(new), M.S. Plot no.704, 706, 670, 672, 671, 673 and 705, mouzaHindpiri, thana no.209, khata no.64, Main Road, Ranchi.

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Learned counsel for the petitioner submits that for the said Mall the construction is still going on and U.C. Case with regard to said dispute is already pending with Ranchi Municipal Corporation being U.C.

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Case No.7 of 2018. He submits that the petitioner has also filed a representation on 16.01.2024 and 24.04.2024 which is still pending. On this ground, he submits that the prayer made in the petition may kindly be allowed.

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Mr. L.C.N. Shahdeo, the learned counsel appearing on behalf of the respondent Ranchi Municipal Corporation submits that occupancy certificate is not issued as yet by the Ranchi Municipal Corporation and the dispute with regard to the said construction is being examined by the competent authority in light of U.C. Case No.7 of 2018 and further the petitioner is having the alternative remedy to appeal under the Ranchi Municipal Corporation Act, 2001.

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In view of above, it transpires that the petitioner has also initiated U.C. Case No.7 of 2018 which is still pending and further no objection certificate is not issued as yet by the respondent Ranchi Municipal Corporation, and on this ground, he can take steps in that U.C.

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Case.

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