IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10120 of 2006 ANIL KUMAR SINGHANIA & ANR Versus THE STATE OF BIHAR & ORS ----------- 8. 2.5.2008. Heard counsel for the parties. Petitioner has challenged the order dated 12.7.2007 contained in Annexure-S/1, passed by the Municipal Commissioner, Bhagalpur. By virtue of this order the Municipal Commissioner has directed demolition of certain portions of the building which was supposedly constructed in violation of the sanctioned map and also committed breach of the building bye- laws in question. The order has been passed in the light of certain litigation which has earlier come before this Court also as is evident from the order itself. Various affidavits have been exchanged in this case during the course of hearing and finally the issue has crystalised to the stand which has been taken by the petitioner in his third supplementary affidavit filed in this regard on 23.4.2008. The petitioner in his wisdom has decided not to continue the legal battle beyond a point and has categorically stated that he is willing to abide by the impugned order except to the extent that he should be permitted condonation in the front set-back to the extent of .50 meters deviation which is imperative in the present case because the entire load of the structure of the building are on the three pillars standing in front of the building and if this condonation is not made the whole building will have to be 2 demolished. He has further stated that if this condonation is made by the Court then he will comply with other directions with regard to the side set-backs and the condonation fees which he has to pay in this regard. A second supplementary counter affidavit on behalf of the respondent Municipal Corporation, Bhagalpur has been filed. They do not dispute the basic fact that if the front set-back is strictly enforced then there may not be anything to enforce because the building itself may not stand. Keeping the peculiarity of the situation which has been crated in the present case and also keeping the larger justice in mind and a fair stand which has been taken by the petitioner in the matter, this Court is willing to grant indulgence to the extent that the respondent Municipal authorities shall condone the front set-back by additional .50 meters subject to the rest of the part of the order impugned contained in Annexure-S/1 standing as it is. If the respondent Municipal Corporation is entitled to claim any condonation fee even for this .50 meters set-back then they may raise appropriate claim over the petitioner in this regard. The writ application stands allowed to the extent indicated above. Pawan/- (Ajay Kumar Tripathi, J.)