HAR NARAIN LAKHOTIA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-9-29
HIGH COURT OF JHARKHAND
Decided on September 17,2013

HAR NARAIN LAKHOTIA Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) MR . Jai Prakash, learned Additional Advocate General appearing on behalf of the respondent-State submitted that a meeting has been held with the local administration, municipal authorities and the other concerned departments in order to chalk out a plan to deal with the buildings constructed without a sanctioned plan or deviating from the terms of the sanctioned plan of the building. On that basis, status report has been prepared by the respondents and the same is in the process of filing in the Court. He, however, admitted that in the report there is no statement regarding future action plan for the purpose of curbing illegal constructions in the city of Ranchi or other cities of the State. Learned A.A.G. assured that an effective action plan will be prepared to keep constant vigil, prevent and to suitably deal with the illegal constructions in future.
(2.) LEARNED counsel appearing on behalf of the Ranchi Municipal Corporation submitted that irregularities in the construction of buildings, either by deviating from the sanctioned plan or otherwise, have been identified to the great extent and the notices have been issued to the concerned owners asking them to demolish illegal constructions. In case of their failure to do so within the prescribed time, suitable action shall be taken in accordance with law. Learned counsel further submitted that steps shall be taken to identify the buildings/constructions which are not in accordance with the sanctioned plan, also taking into consideration width of the road in front of the building and the whole stretch of the connecting road from the principal road. He submitted that in sanctioning building plans in future, special care shall be taken of the width of the entire stretch of the approach road up to the principal connecting road and not only the front road of the building to be constructed. Building plan shall not be sanctioned without a certificate of the competent officer certifying the width of the entire stretch of the approach road connecting the principal road of the area i.e. from the site of building up to the connecting principal road of the area. In absence of such clear provision in the by laws / regulation, step shall be taken to incorporate such provision.
(3.) LEARNED counsel submitted that progress report in the matter shall be filed by way of supplementary affidavit by the next date fixed in the case. As prayed for by learned Additional Advocate General and learned counsel for the Ranchi Municipal Corporation, three weeks' time is granted for the above said purposes. Put up this case on 21st October, 2013. Let a copy of this order be handed over to learned counsel for the parties.;


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