section 54
Directives regarding Demolition and Encroachment
The Bihar Regional Development Authority Act. 1982General1982127 sections
Statutory text
- (I) In the case of Arun Kumar Mukherjee vs. State of Bihar (CWJC No. 7019/1990) decided on 29.11.1996 (Reported in 1997 (1) PLJR 369) while examining each case by sending its team to verify facts on the site of construction, must permit the builder to carry on the construction, if it is found that building plan has been duly sanctioned in accordance with the bye laws and the rules and construction is also being carried out in accordance with the sanctioned plan. but in those cases where construction is not in accordance with sanctioned plan or where sanctioned plan has been obtained contrary to the relevant bye laws, rules etc. the authorities must stop the builder from constructing any further till he removes the offending part of the construction or modifies or corrects the sanctioned plan, so that they may be brought in accordance with the building bye laws. In cases where a builder seeks permission to resume construction and produces before the Vice-Chairman, PRDA, the sanctioned plan, on prima facie satisfaction the PRDA may permit him to continue with the construction subject to the ultimate result after verification of the building plan and actual construction work-if on final verification of the sanctioned plan and the actual construction work done, deviation is found the builder shall not object to the demolition of such structure on the mere ground that he was allowed to raise the construction provisionally. In cases of compoundable deviation the PADA may exercise its discretion but in cases where the deviation is not compoundable, the PRDA will direct the builder. (ii) Ram Nath Arora vs. State of Bihar (CWJC No. 7204/97) decided on 3.10.1997 (Reported in 1997 (2) PLJR 847) Civic Amenities-Widening of roads and lanes-Building constructed against validly sanctioned plan need not be disturbed. In such a case, the authorities may initiate land acquisition proceeding or with consent of the owner of the property get the required land for widening the road/lane. There is a clear distinction between the buildings constructed in accordance with a sanctioned plan and those constructed without it. The only thing the authority can do in a case where a building was constructed on the basis of a sanctioned plan is to verify whether or not in actuality the construction conformed with the sanctioned plan. A building claimed to have been constructed in accordance with the sanctioned plan cannot be subjected to the rough and ready device of putting a mark on it and compelling the demolition of the marked portion. In case it is found that the building is in accordance with the sanctioned plan, the Authority must leave its owner in peace.
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