- (1.) This Public Interest Litigation has been filed by Chandra Vihar Colony, Development and Maintenance Society, Dhanbad seeking for a direction to respondent No. 1-Mining Area Development Authority (M.A.D.A.) not to sanction any map for the proposed Chandra Courtyard at C.D. Singh Colony, Bartand, Dhanbad and also seeking for a direction to the respondent No. 3 to stop the construction activity in the proposed multi-storied complex. The case of the petitioners in brief:-- Petitioners and other residents of Chandra Vihar Colony had purchased land from Chandra Dhan Singh, other members of his family and heirs. Petitioner No. 2 had purchased the land by registered sale deed dated 12.11.1987 and other members of Chandra Vihar Colony had purchased the land in the same colony on 17.2.1990. According to the petitioner, a piece of land measuring about 50 kathas situated near the centre of the colony was left vacant as children's playground/walking track/multipurpose park and for past four decades the said land was used as a playground/walking track and used for the purpose of social and religious functions. According to the petitioners, by the Doctrine of Legitimate Expectation, plot owners of the colony were led to believe that the land in question would always be kept vacant for community purposes which the plot owners have been utilizing for several decades and while so, the respondent No. 3 proposed construction of multi-storied building over the said park area, the petitioners filed a detailed representation dated 26.4.2011 before first respondent-M.A.D.A. stating therein all the details and stating that the land in question was the only green open space in the colony which was essentially the lung space of the colony and being used by them for community purposes and also for children playground and the aforesaid representation was followed by a lawyer's notice dated 5.5.2011 that the proposed multi-storied building of eight floors would be an environmental hazard.- According to the petitioner, the roads left in the front and sideways of the proposed multi-storied complex is very narrow and in violation of M.A.D.A. Regulations and in this Public Interest Litigation the petitioners seek for direction to the first respondent not to sanction any map for the Chandra Courtyard at C.D. Singh Colony, Bartand, Dhanbad and to direct the second respondent to forthwith stop all construction activity in relation to the proposed multi-storied complex.
(2.) On notice, the first respondent-M.A.D.A. and other respondents entered appearance. The respondent-M.A.D.A. filed its counter affidavit stating that the M.A.D.A. has examined the proposed map plan as per the Regulations and only after being satisfied that it is in compliance of Regulations, the map plan has been sanctioned by the authority.
(3.) The third respondent has filed the counter affidavit stating that the multi-storied complex is in compliance of M.A.D.A. Regulations and no public interest is involved in the writ petition.;