AEJAZ HAIDRY v. THE MUNICIPAL COMMISSIONER, RANCHI MUNICIPAL CORPORATION, RANCHI,
WPC/1420/2025 · 2025-03-27
Rajesh Shankar
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 7130 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7130 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 1420 of 2025
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Aejaz Haidry son of Imran Ali, resident of 126, Karbala
Chowk, Church Road, P.O.- G.P.O., P.S.- Kotwali, District,
Ranchi
… … Petitioner Versus
1. The Municipal Commissioner, Ranchi Municipal Corporation, Ranchi
2. M/s. Aahaa Planners & Developers Pvt. Ltd. having its registered office at Suraiya Villa, Ali Nagar, Anishabad, Patna (Bihar) and Branch Office at Amarnath Apartment, Main Road Ranchi, through its Managing Director Shoab Hasan Chand son of Late Dr. Ali Hasan Chand, resident of Chand Villa, Chunauti Kunwa, P.O. & P.S. – Phulwarisharif, Patna (Bihar)
…. … Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Vishal Kumar Tiwary, Advocate
Mr. Manjeet Kumar Chaudhary, Advocate
For the Resp. No. 1: Mr. Shashank Shekhar, Advocate
Order No. 02
Dated: 27.03.2025
The present writ petition has been filed for issuance of direction upon the respondents to cancel the Sanctioned Building Plan No. RMC/BP/0592/W15/2020 dated 12.07.2022 which was approved for construction of Commercial Complex by the respondent no. 2 as, according to the petitioner, the said respondent has got the map sanctioned by the respondent no. 1 which is not corresponding to the village map.
2.
Learned counsel for the petitioner submits that the petitioner being the owner of plot nos. 633 and 634 situated at Main Road, Ward No. 15, Ranchi, entered into a development agreement along with other persons with M/s. Aahaa Planners and Developers Pvt. Ltd. (the respondent no. 2). Thereafter, the respondent no. 2 applied for sanction of the commercial building plan being Application No. RMC/BP/0592/W15/2020 before the
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respondent no. 1, which was sanctioned on 12.07.2022 with respect to M.S. Plot nos. 631, 632, 633, 634, 635, 636 and the same was valid till 12.07.2025.
3. It is further submitted that though the plan was sanctioned with respect to the aforesaid plots, however the respondent no. 2 started making construction over the aforesaid plots including plot no. 639 which was not the part of the sanctioned plan being tribal land. A writ petition being W.P.(C) No. 5644 of 2023 has also been filed to this effect which is still pending. A complaint was also made before the Assistant Administrator, Ranchi Municipal Corporation, Ranchi on the said issue, who, vide letter no. 32 dated 03.02.2024, directed the respondent no. 2 to demolish the structure made over plot no. 639, pursuant to which, the respondent no. 2 demolished the structure made over the said plot which was subsequently demarcated and separated from the other plots.
4.
Learned counsel for the petitioner also submits that the sanctioned map with respect to the aforesaid approved building plan is not in correspondence to the village map as the building plan was approved with respect to plot nos. 631 to 636 and not with respect to plot no. 639, however the drawing of the sanctioned map covers the area of plot no. 639 and hence the said sanctioned map is faulty which requires to be corrected. Accordingly, the petitioner represented the respondent no. 1 on 12.12.2024 (Annexure-6 to the writ petition) in this regard, however no effective step has been taken by the said respondent
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which has compelled him to prefer the present writ petition.
5. Mr. Shashank Shekhar, learned counsel appearing on behalf of the respondent no. 1, submits that if the petitioner prefers a fresh representation on the present issue before the said respondent, an appropriate action will be taken in this regard.
6. Having heard learned counsel for the parties and considering the nature of prayer made in the writ petition, without entering into the merit of the case, the petitioner is given liberty to prefer a fresh representation on the present issue before the respondent no. 1. On receipt of the said representation, the respondent no. 1, after providing opportunity of hearing to the petitioner as well as the respondent no. 2, shall take the required measures in accordance with law expeditiously preferably within two months from the date of filing of the said representation.
7. The writ petition is accordingly disposed of with the aforesaid liberty and direction.
Ritesh/
(Rajesh Shankar, J.)