- (1.) IN this petition, what has been brought to the notice of this Court that in the earlier passed Maps certain parking space was delineated.
(2.) LEARNED counsel appearing for the Respondent No. 6, submitted that subsequently the R.R.D.A officials have converted that parking place into some other use. This kind of change in Maps can be considered to be lawful only if law permits. This kind of alteration in maps shows, a trend in the mindset of the R.R.D.A officials, which is required to be investigated. This is not the only building that such kind of alteration has been permitted by the R.R.D.A officials. Such cases have been brought to the notice of the Court that there had been many such cases. It has also been brought to the notice of the Court that the authorities have turned a blind eye towards occupation of such buildings which have not only deviated from their sanctioned maps but have not submitted Completion Certificate. Also have no provision for fire- fighting or water storage or rain water harvesting. In that view of the matter, it is ordered that the matter of alteration of maps and other indicated drawbacks should be investigated as to how and under what circumstances the parking space indicated in the Maps or otherwise delineated facilities have not been provided for. This has to be investigated keeping in view the large scale of multistory Buildings which have come in City without parking space and other facilities. The involvement of the officials, people in high places and Builders and the consideration which has made the illegal happening possible will be required to be looked into. This is also pertinent to notice that building plan has to be in conformity with the laws governing the field. The deviations are not only resulting into civil wrongs but are offences under Criminal law as well. Any place which is required to be dedicated to common use if denuded of its character will mean encroachment of the rights of others qualifying to be an offence. Since the offence as seen could not be committed without the tacit consent of the local officials or the persons in high places it is not considered proper to ask the local agency to investigate and, therefore, the central agency is opted for. Therefore, this investigation would be made by the C.B.I officials and an appropriate F.I.R in this regard would be forwarded by the Registrar of this Court to the Local C.B.I officials.
(3.) PUT up this Case on 18th April, 2011 awaiting response of the investigating agency.;