IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8577 of 2002 RAMADHAR PRASAD SINHA Versus THE P.R.D.A. & ORS ----------- 7. 21.4.2009 Heard Mr. Naresh Kumar Malhotra, learned counsel for the petitioner and the counsel for Patna Municipal Corporation, the successor body of P.R.D.A. While the impugned order proceeds on the basis that the house in question constructed by the petitioner without sanction plan is an unauthorized construction and therefore, fit to be demolished, Mr. Malhotra, learned counsel for the petitioner, would submit that the very impression of the respondents that there was a requirement for obtaining of approval of the authorities regulating the Building Bye-laws is itself a misnomer. He would submit that the house in question having been constructed in Maulana Chak was never within the territorial jurisdiction of either the Patna Improvement Trust or successor body being the Patna Regional Development Authority. He would, therefore, proceed that if the house was never within the limits of Patna Improvement Trust or P.R.D.A. there was no need of obtaining a 2 sanction plan. Contra, the respondent P.R.D.A. in its affidavit has taken a specific plea that the house in question of the petitioner is located in Mohalla Sadiquepur Jogi @ Maulana Chak which is well within the jurisdiction of Patna City Municipality and later on formal part of the ever with the control and jurisdiction of Patna Regional Development Authority. Though there is no denial to this specific affidavit of P.R.D.A. in paragraph 5, but then as the authority of P.R.D.A. have also not enclosed any document in support of the their aforementioned stand this Court would find it necessary that this question of territorial jurisdiction should be first decided by the Patna Municipal Corporation after giving opportunity of hearing to the petitioner. The petitioner may, therefore, approach the Town Commissioner of Patna Municipal Corporation by filing a compact representation putting on record all the necessary information/ documents by which he would contend that the house in question built up by him was beyond the territorial jurisdiction of either Patna Improvement 3 Trust or Patna City Municipality or P.R.D.A. After such a representation is filed by the petitioner the Town Commissioner of Patna Municipal Corporation will decide this issue and if it is held that the house of the petitioner when constructed was beyond the territorial jurisdiction of Municipal authority/ development authority, there would be no need to give effect to the impugned order. However, in case it is held that the petitioner’s house was within the territorial jurisdiction of Patna Improvement Trust/ Patna City Municipality/ P.R.D.A. and was constructed without prior sanction and approval of the plan/ map the petitioner will be given the benefit of getting post facto sanction of Plan to the permissible extent in terms of the Building Bye-laws in force as on date. With the aforementioned observations and directions this application is disposed of. (Mihir Kumar Jha,J.) Surendra/