M.KARPAGA VINAYAGAM, C.J. - (1.) M /s DEMCO Pvt. Ltd., the owner of the land in question applied for a Land Use Certificate from Ranchi Regional Development Authority (hereinafter referred to as "RRDA" for short). After considering the same, the RRDA issued a letter dated 29.11.2003 informing M/s. DEMCO Pvt. Ltd. that part of the land in question, i.e., R.S. Plot No. 1133 is residential and a part of the same falls in open space in the existing Master Plan of Ranchi Town.
(2.) CHALLENGING the same, M/s. DEMCO Pvt. Ltd. preferred a writ petition for quashing the letter dated 29.11.2003 and asked for a mandamus to be issued to the authorities to accept the map submitted by the petitioner before the RRDA and to sanction the petitioner FAR (Floor Area Ratio). The said writ petition was allowed by the learned Single Judge. Being aggrieved by the said order dated 07.02.2005, the RRDA filed this Letters Patent Appeal before this Court. The short facts which are required for the disposal of the appeal are as follows: (i) The Plot No. 1133 is covering the area of 4.45 acres. (ii) Out of 4.45 acres, 1.48 acres fell into the share of Kamla Rani Rai. (iii) Smt. Kamla Rani Rai thereupon created a trust in respect of the said property being Srilekha Memorial trust. The trust was created in the year 1973. (iv) The land measuring an area of 1.48 acres was mutated in the name of the said trust. (v) In the year 1972, the Master Plan of Ranchi Town was prepared. According to this master plan, the major portion of R.S. Plot No. 1133 was described as open space. Thereafter the master plan of 1972 has been revised in the year 1983 and again the major portion of plot No. 1133 continued to be an open space. (vi) A proceeding under the Urban Land Ceiling and Regulation Act was started for acquiring the land of Plot No. 1133 in the year 1976. (vii) On 03.08.1989 the proceeding under Urban Land Ceiling and Regulation Act in respect of the entire plot was initiated and the same was dropped under the provisions of Section 19(1) of the Urban Land Ceiling and Regulation Act on the ground of being charitable trust. (viii) On 24.10.2003, M/s. DEMCO IM; Ltd. and others, the writ petitioners purchased 92 katha of land including the premises of Golkothi out of 1.48 acres of land in Plot No. 1133 from Srilekha Memorial Trust including the building premises. (ix) On 03.11.2003, M/s. DEMCO Pvt. Ltd. applied for a Land Use Certificate from the RRDA and demanded a Master Plan with the intention to develop the land of Plot No. 1123. (x) By the letter dated 29.11.2003, the RRDA informed the writ petitioner that as per the Master Plan, the land in Plot No. 1133 is partly residential and partly open space and partly occupied by the road. (xi) The petitioner, challenging the above letter dated 29.11.2003, preferred a writ petition before this Court, mainly contending that the department cannot say that it is an open space as there is residential building existing over the land since 1935 and as such the building area cannot be changed to the status of land as open space and before such change the predecessor in interest of the writ petitioner were never served with any notice under the provisions of the Act. (xii) The learned Single Judge, accepting the contention of the writ petitioner, allowed the writ petition not only quashing the letter, but also held that the writ petitioner is entitled to develop the building as there is a building which was occupied by a department of the Government from 1935 and therefore, the RRDA authorities cannot refuse to sanction the plan of development of the existing building and the land appertaining thereto. (xiii) RRDA, the respondent in the writ petition, aggrieved by the order of learned Single Judge, rejecting the contention of the RRDA that it was an open space which was declared as open space in the master plan of the year 1972 and revised in the year 1983 by a fresh notification mentioning that major portion of the land is open space and balance portion of the land is residential has filed this appeal.
(3.) ACCORDING to the writ petitioner before the Writ Court, the building over the land commonly known as Golkothi was constructed about 50 years back, i.e. some time in the year 1935 and the predecessor in interest of the petitioner let out the said building together with the land to the District Soil Conservation and the fair rent also has been fixed in respect of the building by the authorities concerned and since the building was there over the land the respondent authorities, i.e., RRDA cannot claim that the part of the Plot No. 1133 is residential and part of the plot is open space, thereby rejecting the application for the sanction of Floor Area Ratio.;