Unauthorised construction

Application for sanction for construction of building filed-No document to show that the notice was actually sent and served on the applicant to rectify defects-No reasons recorded for rejecting the application and such refusal together with reasons not communicated to the petitioner-General notice published in newspaper regarding demolition of buildings constructed without sanction-Vice-Chairman failed to exercise his statutory duty while rejecting the application-There is total non application of mind by the Vice-Chairman. Held : The Vice-Chairman is required to act strictly in accordance with the provisions of Section 37 of the said Act, regulations and bye-laws for the time being in force in the matter of disposal of applications for grant of sanction. The Vice-Chairman is not supposed to exercise his discretion on the basis of executive instructions unless the provisions, regulations and bye-laws are amended or modified. The Vice-chairman must bear in mind that he is exercising statutory duty conferred upon him while dealing with the application for grant of sanction of plan for construction of building. Vyas Muni Gupta vs. Ranchi Regional Development Authority; 2002 (1) JCR 270 (Jhr).