INDIAN OIL CORPORATION LIMITED Vs. APPELLATE TRIBUNAL, RANCHI REGIONAL DEVELOPMENT AUTHORITY AND ORS.

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred against the judgment and order delivered by the learned Single Judge in W.P.(C) No. 1760 of 2007 dated 13th April, 2007 whereby, the writ petition preferred by this appellant has been dismissed.

(2.) Counsel for the appellant (original petitioner) submitted that the Master Plan plot no. 1786/A2, Khata no. 231 of village Argora was kept under reservation as "Public Open Space". Master Plan was brought into effect in the year 1983. This was a revised Master Plan. The said revised plan was only for 20 years as per Annexure6 to the memo of this Letters Patent Appeal. This 20 years period has already been over and therefore, this appellant (original petitioner) has constructed embedded oil tank, for further construction of petrol pump at the plot. Vice Chairman, Ranchi Regional Development Authority, Ranchi has passed an order to remove the construction of oiltank.

(3.) It is further submitted by the counsel for the appellant that as there is no reservation of the plot in question and as this is not a development of plot at all the order passed by the Vice Chairman, Ranchi Regional Development Authority, which is at Annexure7 dated 15th June, 2005 deserves to be quashed and set aside and therefore, the subsequent orders passed in Misc. Appeal No. 1 of 2005 by the Appellate Tribunal dated 14th July, 2005 also deserves to be quashed and set aside. Similarly, the Revisional Authority, Commissioner of South Chotanagpur in revisional application being Misc. Appeal No. 78 of 2005, dismissed the revisional application preferred by this appellant. The said order should also be quashed and set aside mainly for the reason that there is no reservation now in existence. Moreover the construction put by this appellant is not a development of the plot at all.