IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6291 of 2006 MANJULATA SINHA, WIFE OF SHRI NARENDRA PRASAD, RESIDENT OF HOUSE NO.244/187, JANATA ROAD, MOHALLA JAKKANPUR, AMRUDI BAGICHA(INFRONT OF JAINAND LOK APARTMENT) P.O. JAKKANPUR, P.S. GARDANIBAGH, DISTRICT PATNA. Versus 1. THE VICE CHAIRMAN, PATNA REGIONAL DEVELOPMENT AUTHORITY, MAURYA LOK COMPLEX, DAK BUNGLOW ROAD, PATNA. 2. THE SECRETARY, URBAN LAND DEVELOPMENT DEPARTMENT, NEW SECRETARIATE, PATNA. 3. THE VICE CHAIRMAN, PATNA MUNICIPAL CORPORATION, OPPOSITE G.O.O., PATNA. 4. THE DISTRICT MAGISTRATE, PATNA. For the petitioner : Mr. Binay Kr. Pandey, Advocate. For the PMC : Mr. Sanjay Prakash Verma, Advocate. For the State : Mrs. Arpana Kumari, AC to SC-15. ----------- 05. 05.04.2011 Heard learned counsel for the petitioner and the Patna Municipal Corporation(hereinafter referred to as the PMC), the successor of the erstwhile Patna Regional Development Authority(hereinafter referred to as the PRDA). 2. Petitioner is aggrieved by the demolition of her house undertaken by the authorities of the PRDA on 4.5.2006. It is submitted on her behalf that she raised construction on the basis of the sanctioned plan vide case no. PR No.2-628 of 1993 dated 18.10.1994. In support of such statement petitioner has placed on record the photo copy of the sanctioned plan, 2 Annexure-1, original whereof is also produced for perusal by this Court. 3. This Court under orders dated 16.5.2006 having noticed the contention of the counsel for the PRDA that demolition has taken place of such construction which was contrary to the undertaking given by the petitioner at the time of sanction of the aforesaid plan, directed the counsel for the PRDA to file counter affidavit on or before 22.5.2006 and the matter be put up on 25.5.2006. Matter was again taken up on 25.5.2006 but on that date neither counter affidavit was filed nor any exception was taken by the counsel for the petitioner for not filing the counter affidavit as directed under orders dated 16.5.2006. As no exception was taken by the counsel for the petitioner this court adjourn the matter and directed that until further orders the interim order passed on 16.5.2006 shall continue. Matter remained pending thereafter but till date the authorities of the erstwhile PRDA/PMC have not chosen to file counter affidavit in the matter in spite of another indulgence granted under order dated 4.4.2011. 3 4. As the authorities of the PMC have not disputed the stand of the petitioner by placing on record the order by which the construction raised by the petitioner contrary to the sanctioned plan has been declared to be unauthorized, I am inclined to assume that the construction raised by the petitioner is not contrary to the sanctioned plan, however before any such decision is recorded by this Court, I deem it expedient to grant one another indulgence to the authorities by directing the petitioner to appear before the Municipal Commissioner, PMC along with the sanctioned plan, Annexure-1 in original and to assert before him that the construction demolished on 4.5.2006 was in accordance with the sanctioned plan and the demolition was wholly unauthorized and made even without there being any order to that effect. The Municipal Commissioner, PMC shall thereafter either himself or through his subordinates get the house in question re-measured with reference to the sanctioned plan, Annexure-1 and pass appropriate order in the matter. In the event, the Municipal Commissioner comes to the conclusion that the construction was 4 demolished without there being any violation of the sanctioned plan he shall pass appropriate order in the matter not only for restoration of the construction but also grant adequate compensation to the petitioner for suffering loss of demolition. Necessary order in compliance of this order be passed by the Municipal Commissioner, PMC, as early as possible, in any case within two month from the date of receipt/production of a copy of this order before the Municipal Commissioner. 5. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)