BHARAT ENGINEERING & BODY BUILDING CO. PVT. LTD. Vs. STATE OF JHARKHAND
LAWS(JHAR)-2019-10-35
HIGH COURT OF JHARKHAND
Decided on October 22,2019

Bharat Engineering And Body Building Co. Pvt. Ltd. Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the petitioner being aggrieved with the action of the respondent no.5 who is making an alteration in the building without resorting to any provision as provided under Jharkhand Municipal Act, 2011, has assailed the same.
(2.) It is the grievance of the petitioner as has been agitated in the writ petition that he is tenant of erstwhile owner of the building which has been sold out in favour of the respondentno.5, who has pasted a notice in the building showing therein about the condition of building which according to the respondent no.5 is not inhabitable.
(3.) It is the further grievance of the petitioner as has been stated in the interlocutory application being I.A. No.9769 of 2019 by annexing photograph that the respondent no.5 has also started demolishing the building and therefore, the petitioner is compelled to live in open sky which according to the petitioner is highly illegal and improper since even if accepting the fact that the condition of building is not inhabitable, the subsequent purchaser, respondent no.5, ought to have approached the Municipal Authority, wherein under Section 387 of the Jharkhand Municipal Act, 2011 provision has been made to deal with such situation.;


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