IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6494 of 2006 1. AJAY KUMAR SRIVASTAVA, SON OF LATE RABINDRA PRASAD, OWNER AND RESIDENT OF FLAT NO.401. 2. BINA SINHA, WIFE OF PRANAY KUMAR, OWNER AND RESIDENT OF FLAT NO.202. 3. SMT. NIRMALA SINGH, WIFE OF DR. S.D. SINGH, OWNER AND RESIDENT OF FLAT NO.204. 4. AWADHESH CHANDRA AMBASTHA @ A.C. AMBASTA SON OF LATE SATISH CHANDRA AMBASTHA, OWNER AND RESIDENT OF FLAT NO.101, ALL RESIDENT OF CHANDAN VILLA APARTMENT ARRAH GARDEN ROAD OFF BAILEY ROAD, PATNA P.O. BIHAR VERTINARY COLLEGE, P.S. DANAPUR, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE PATNA REGIONAL DEVELOPMNET AUTHORITY, THROUGH ITS VICE-CHAIRMAN, MAURYA LOK COMPLEX, PATNA. 4. THE VICE-CHAIRMAN, PATNA REGIONAL DEVELOPMENT AUTHORITY, MAURYA LOK COMPLEX, PATNA. 5. THE DISTRICT MAGISTRATE, PATNA. 6. SRI MOHAN LAL BHUTORIA 7. SRI MANNA LAL BHUTORIA 8. SRI BIMAL SINGH BHUTORIA. 9. SRI BINOD KUMAR BHUTORIA 10. SRI AMOD KUMAR BHUTORIA, RESPONDENT NOS.5 TO 9 ALL ORIGINAL LAND OWNERS AND ALL SONS OF LATE CHANDANMAL BHUTORIA RESIDENT OF CHANDAN DEEP APARTMENT, NEAR JAGDEO PATH, BAILEY ROAD, PATNA, P.O. B.V. COLLEGE, P.S. DANAPUR, DISTRICT PATNA. 11. M/S SPLENDID DEVELOPERS, PVT. LTD. REGISTERED UNDER THE COMPANIES ACT, 1956, THROUGH ITS DIRECTOR SRI A.K. DEEPAK, AT E/111, P.C. COLONY, KANKARBAGH, PATNA, P.O. KANKARBAGH, P.S. P.C. COLONY, DISTRICT PATNA. 12. SRI A.K. DEEPAK, SON OF SRI S.R.P. VERMA, DIRECTOR, M/S SPLENDID DEVELOPERS, PVT. LTD. RESIDENT OF E/111, P.C. COLONY, KANKARBAGH, PATNA P.O. KANKARBAGH, P.S. P.C. COLONY, DISTRICT PATNA. 13. SRI PRAVEEN KUMAR, SON OF SRI NARAYAN YADAV, DIREDCTOR, M/S SPLENDID DEVELOPERS PVT. LTD. RESIDENT OF VILLAGE KHARHAT, P.O. AND P.S. FULMALLIK, DISTRICT BEGUSARAI. 14. SRI SATYANAND SAMBUDDHA, SON OF SRI NARAYAN YADAV, DIRECTOR M/S. SPLENDID DEVELOPERS PVT. LTD. RESIDENT OF VILLAGE KHARAHAT, P.O. AND P.S. FULMALLIK, DISTRICT BEGUSARAI. 15. SRI BRAJNANDAN SINGH, SON OF LATE RAM CHANDRA SINGH DIRECTOR M/S SPLENDID DEVELOPERS PVT. LTD., RESIDENT OF B.N. APARTMENT, LOHIA NAGAR, KANKARBAGH P.O. AND P.S. KANKARBAGH, DISTRICT PATNA. 2 16. CHANDAN MAHAL APARTMENT FLAT OWNERS AND RESIDENTS ASSOCIATION, THROUGH ITS SECRETARY SRI P.O. SRIVASTAVA, RESIDENT OF FLAT NO.201, CHANDAN MAHAL APARTMENT NEW JAGDEO PATH, BAILY ROAD, PATNA. P.O. B.V. COLLEGE, P.S. DANAPUR, DISTRICT PATNA. 17. CHANDAN DEEP APARTMENT FLAT OWNERS AND RESIDENTS ASSOCIATION, THROUGH ITS SECRETARY SRI B.K. SINHA RESIDENT OF FLAT NO.104, CHANDAN DEEP APARTMENT NEAR JAGDEO PATH, BAILY ROAD, PATNA, P.O. B.V. COLLEGE, P.S. DANAPUR, DISTIRICT PATNA. For the petitioner : Mr. Diwakar Upadhyay, Advocate. For the State : Mr. D.D. singh, AC to GP-V. For the PMC : Mr. Arun Kumar, Advocate. For respondents 16, 17 : M/s Mahesh Narayan Parbati, Ajit Kumar, Advocates. ----------- 03. 06.04.2011 Heard learned counsel for the petitioners, the State, Patna Municipal Corporation(hereinafter referred to as the PMC) as also counsel for respondent nos.16 and 17 who has filed Vakalatnama in these proceedings today itself, which is taken on record. 2. Petitioners are the owner of the flat in Chandan Villa Apartment, Ara Garden, Bailey Road, Patna. They have filed this writ petition asserting that after petitioners purchased/occupied the flat in Chandan Villa Apartment, the owner/builder/developer of the said apartment violated the sanctioned plan by increasing the built up area in the ground floor of the apartment by exceeding the construction beyond 25.168 M2 which was sanctioned in the map, Annexure-1 vide Plan Case No.PR 3 4-5-67 of 1996 dated 20.11.1997. Aforesaid increase the construction area on the ground floor has led to the inconvenience of the residents of the apartment as there is no space left for them to park their vehicle inside the apartment in the parking area and the vehicles are being parked on the flank of the Bailey Road, which has been notified by the PMC as no parking area. In this connection, petitioners invited the attention of the then Vice-Chairman, Patna Regional Development Authority(hereinafter referred to as PRDA) vide their request contained in petition dated 13.1.2006, Annexure- 4, whereunder request was made to initiate vigilance case under Section 54 of the Bihar Regional Development Authority Act, 1981 so as to enable the authorities of the erstwhile PRDA to ascertain the violation made by the owner/builder while raising Chandan Deep Apartment. It is submitted that when no action was taken by the then Vice-Chairman, PRDA petitioners even served legal notice, copy whereof is contained in Annexures-2, 3 to this application but service of legal notice as well did not have any effect on the authorities of the erstwhile PRDA and petitioners continued to suffer. 4 3. This writ petition was filed on 16.5.2006 after serving copy of the petition on the authorities of the then PRDA, which is evident from receipt on the notice appended with the petition but the authorities have not chosen to file any counter affidavit in the matter disputing the contents of the petition. 4. Counsel for the PMC states that as the PRDA was succeeded by the PMC under the provisions of the Bihar Municipal Act, 2007 the counter affidavit could not be filed in the matter. He, however accepts that if this Court directs the Municipal Commissioner, PMC to consider the request made under petition dated 13.1.2006, Annexure-4, he shall seek appropriate report from the Chief Engineer about the allegation of the petitioners that the owner/builder of the sanctioned construction area apartment(s) has violated in the ground floor by raising construction beyond 25.168 M2 as also other violation(s) in the building which cannot be permitted in the light of the provisions of the building bye-laws. 5. Let Municipal Commissioner, PMC consider the request of the petitioners raised under petition dated 5 13.1.2006 after seeking report from the Chief Engineer and pass appropriate final order after giving opportunity to the land owner/builder/developer i.e. respondent nos.6 to 15 as early as possible, in any case within three months from the date of receipt/production of a copy of this order before the Municipal Commissioner, PMC. Before parting with this order this Court is granting liberty to the Municipal Commissioner, PMC as also other flat owners, respondent nos.16 and 17 to highlight the deviations made in the sanctioned plan of the other apartments in the vicinity and if any such violation is noticed to take action. 6. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)