- (1.) Seeking initiation of immediate action against the illegal and unauthorized construction affecting the vicinity under Mauza-Dhanbad, Mauza No. 51, Tikuri No. 203, Holding Nos. 60, 61, 62, 69, 70, 73 Rangatand, Dhanbad, especially against respondent No. 4 and with a further prayer to ensure that the 4th respondent's premises are constructed strictly as per the sanctioned map and all deviations and illegal constructions be demolished and penalty be imposed for the illegal construction, the present writ petition has been filed by the petitioner-Krishna Apartment Society (North Block). The brief facts stated in the writ petition are that, one Shankar Mitra-respondent No. 4 applied for construction of Mitra Shopping Complex adjacent to Krishna Apartment. The intention of the respondent No. 4 was to encroach upon the open space of the Krishna Apartment and to make illegal construction there on. The respondent No. 4 made G+2 construction in Mitra Shopping Complex in illegal manner and is running a guesthouse there effecting the members of the society. The members of the petitioner-society are peacefully living. The petitioner-society protested time and again however, no action was taken. Finally, vide application dated 25.1.2014, the petitioner-society sought information under the Right to Information Act, 2005 and communication dated 12.6.2014 reveals that sanction for one floor vide Building Construction Case No. 9/92-93 has been given. The petitioner-society -thereafter made representations dated 25.6.2014 and 28.6.2014 however, no action has been taken by the respondent Nos. 2 and 3. Constrained, the petitioner-society had approached this Court.
(2.) The learned counsel appearing for the petitioner submits that a perusal of the information contained in communication dated 12.6.2014 makes it abundantly clear that sanction for constructing only one floor has been granted to the respondent No. 4 however, the respondent No. 4 has constructed two more floors illegally. Nonetheless, the respondent-authorities have not taken any action against the respondent No. 4- The illegal construction of two additional floors in the Mitra Shopping Complex have interfered with the peaceful living of the members of the society. The inaction on the part of the respondent Nos. 2 and 3 has compelled the petitioner to approach this Court.
(3.) I have carefully considered the submission of the learned counsel appearing for the petitioner and perused the documents on record.;