BABITA BADASARIA & ORS. Vs. PATNA MUNICIPAL CORPORATION & ORS.
LAWS(SC)-2016-3-9
SUPREME COURT OF INDIA
Decided on March 10,2016

Babita Badasaria And Ors. Appellant
VERSUS
Patna Municipal Corporation And Ors. Respondents

JUDGEMENT

- (1.) This matter has been placed before us by the Office along with an Office Report for directions.
(2.) Civil Appeal No.5470 of 2004, filed by M/s. Saket Housing Ltd., was dismissed by this Court on 7-5-2013, after noting the fact that there was enormous deviation from the sanctioned plan in construction of multi-storeyed building. At that point of time this Court observed as follows: "There being enormous deviations from the sanctioned plan in constructing the multi-storeyed building, after following the due process of law, construction beyond sanctioned plan was directed to be demolished by the Patna Regional Development Authority. Deviation is shocking and can be undertaken only by such person who considers himself to be law unto himself. One of the deviations is that against sanction of 24 flats in 6 floors at the rate of 4 flats per floor, 9 floors have been constructed having 6 flats every floor."
(3.) Accordingly this Court had directed for demolition of the said unauthorized construction dismissing the civil appeal and that order has attained finality. Thereafter, a writ petition, being Writ Petition (Civil) No.337 of 2013 was filed by the petitioners/ owners of the residential flats in Santosha Complex, claiming themselves to be the owners of the portion which was directed to be demolished. This Court refused to recall the orders so passed for demolition of the unauthorized construction and directed M/s. Saket Housing Ltd. (respondent No.4) to deposit a sum of Rs.25 crores or furnish the Bank Guarantee in the Registry of this Court. Steps were taken accordingly in the matter. Subsequent thereto, the said writ petition was disposed of by this Court by an order dated July 9, 2014 when this Court was pleased to dismiss the writ petition holding that the writ petition was absolutely misconceived and passed the following order: "Having heard learned counsel for the parties and in the facts and circumstances of the case, we are of the opinion that ends of justice shall be met by directing payment @ Rs. 6,000/- per sq. ft. to the persons who shall be affected on account of the demolition. Those persons shall be entitled to have the amount @ Rs. 6,000/- per sq. ft. of the carpet area, i.e., the area transferred to individuals and not the common area. For ascertaining the carpet area of each of the persons, we appoint Mr. Justice S.N. Jha, former Chief Justice of the Rajasthan High Court, as the Commissioner. The Patna Municipal Corporation shall within one week furnish to the Commissioner the area/ flats to be demolished in terms of the Order dated 7.05.2013 passed in Civil Appeal No. 5470 of 2004. The Commissioner shall ascertain through the agency of his choice the carpet area in possession of each of the persons going to be affected by the demolition. He will not decide inter se disputes between rival claimants. In such cases he will determine the carpet area. On such report, the Registry of the Court will earmark sum calculated on the aforesaid basis and deposit in an interest bearing account. The amount along with interest shall be disbursed to the person establishing the right before a Court of competent jurisdiction. As regards others, on the report of the Commissioner, the Registry of this Court shall disburse the amount calculated on the aforesaid basis to all those persons given by the Commissioner. The Commissioner may indicate the amount one would be entitled calculated on aforesaid basis. The functionaries of the Patna Municipal Corporation and the State Government shall provide to the Commissioner all facilities as required by him. Within four weeks of the payment, all those persons shall vacate the premises in their occupation and hand it over to the Patna Municipal Corporation. In cases having inter se dispute between rival claimants, they shall also vacate the same within four weeks of submission of the report and shall not wait for the disbursement of amount. In case any one of them does not do so, he will be evicted by using force. Immediately thereafter all concerned will act in accordance with the directions given by this Court in its Order dated 7.05.2013 passed in Civil Appeal No.5470 of 2004. After the disbursement of the amount, as aforesaid, left over amount, if any, shall be returned to respondent No. 4. The Bank guarantee(s) furnished by respondent No. 4 be encashed and the disbursement, as aforesaid, be made. The encashed amount be deposited in an interest bearing account and the disbursement be made from that from time to time. At the first instance, one of the Bank guarantees, i.e., Rs. 15 Crore be encashed. We fix the fee of the Commissioner @ Rs. 2 lac per sitting and that shall be disbursed from the amount already deposited by respondent No.4. For the present, a sum of Rs.10 lac be disbursed to Mr. Justice S.N. Jha forthwith. Rest of the fee be paid to him whenever asked for. All these exercise including demolition be completed within a period of ten weeks. We make it clear that any deviation in carrying out this order shall be viewed seriously. The writ petition is disposed of with the directions aforesaid.";


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