IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8399 of 2002 OM NARAYAN SHARMAS/O LATE MUKTI NATH SHARMA, NORTH MANDIRI, BUDHA COLONY, PATNA. Versus 1. THE STATE OF BIHAR 2. THE VC, PRDA, PATNA & 3. THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT, OLD SECRETARIAT, PATNA. ----------- 4 15.12.2009. No one appears for the petitioner. Counsel for respondents is present. Petitioner has prayed for quashing order dated 24.6.2000, passed by the Vice-Chairman of Patna Rural Development Authority, Patna (in short the Authority) in Plan case no. 628 of 1999, whereunder he has revoked map plan earlier sanctioned by the VC of the Authority in his favour vide order dated 16.12.1999 on the basis of recommendation of Sub committee constituted in this regard as same is in contravention of B.R.D.A Act and the Building bye laws. Petitioner has further prayed for directing respondents to give effect to the earlier order dated 16.12.1999. According to the averments made in writ petition, petitioner and four others are owners of a piece of land bearing Khata numbers 95,99 and 102, corresponding to Plot Nos. 475,476 and 477, area Mauza Zakariapur, Thana no. 15 in the town and district of Patna. Areas in question are wholly commercial and surrounding lands are being used for either agriculture purpose or for commercial purposes. It is further stated that Building Plan case no. 628 of 1999 was submitted by them on 20.8.1999 in prescribed proforma along with tax for commercial use of the land to the tune of Rs. 73,336/- and a charge of Rs. 500/- for erecting - 2 - storage building in accordance with the provisions of Patna Planning Standard, Building by laws, as well as the PRDA Act for which a receipt to that effect was also granted by the concerned authority. The aforesaid plan was rejected by the then VC of the Authority on the ground of area being marked as residential one in Master plan vide letter no. 4008 dated 13.10.1999 contained in annexure 2. Thereafter, petitioner filed Special Appeal under the Act under Appendix-M of Bye laws 8(14) making prayer that the locality which has been marked as residential locality in the Master plan should be declared as commercial zone for the reason that even the Government is also using the area, namely, Transport Nagar as commercial zone. Furthermore, once Government notifies the land to be of commercial purpose, its price would also increase and in that case, the Government will get more revenue. By resolution bearing no. 28/99 and 29/99, a Sub committee was formed. On recommendation of Sub committee, the Vice Chairman sanctioned the map vide decision dated 16.12.1999 contained in annexure 5 and tax for commercial use of land was accepted. Head Quarters, State Fire Service, Patna also granted permission with certain conditions vide letter no. 5349 dated 30.12.1999 contained in annexure 6 which was also communicated to the Assistant Director of the Authority also. The petitioner after getting all necessary permissions, following the planning standards, bye laws of the Authority and State Fire Service, Patna got constructed the godown in question in the said plot by procuring loan from bank on - 3 - hypothecation of the said plot. Petitioner filed objection against institution of a Misc case arising out of aforesaid Plan case no. 628/99 vide notice contained in memo no. 1473 dated 25.3.2000 issued under the provisions of sections 23,38 and 41 of the BRDA Act, 1981. Thereafter, Vice Chairman of the Authority vide order dated 24.6.2000 revoked the map plan of the petitioner with further direction to stop all the constructions undertaken by him in continuance of map plan, failing which the Authority will be at liberty to take appropriate action against such constructions. Having heard the counsel for respondents and going through the materials kept on record, the writ petition is disposed of with liberty to the petitioner to take recourse to the remedy available under relevant laws. Shashi. (Samarendra Pratap Singh,J.)