LexBABITA BADASARIA & ORS versus PATNA MUNICIPAL CORPORATION & ORS.
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A B c D E F G [2016] 2 S.C.R.886 BABITA BADASARIA & ORS. v. PATNA MUNICIPAL CORPORATION & ORS. (Writ Petition (Civil) No.337of2013) MARCH 10, 2016 [PINAKI CHANDRA. GHOSE AND R.K. AGRAWAL, JJ.J Urban Development - Demolition of unauthorized construction - Payment of compensation to affected person - Construction of the multi-storeyed building - Deviation from the sanctioned plan - In appeal, before this Court, issuance of direction to the State Development Authority to demolish the unauthorized construction of flats - Thereafter, flat owners whose flats were to be demolished filed writ petition challenging the order passed by this Court - Demolition order upheld and direction issued to respondent no.4 to deposit Rs.25 crores or furnish Bank Guarantee - Subsequent thereto disposal of writ petition directing payment @ Rs. 6, 0001- per sq. ft. of the carpet area to the persons affected on account of the demolition - Adjournment of the matter from time to time - Submission of the flat owners-petitioners that the so called mezzanine floor, which is actually the first floor of the building be completely sealed and not be counted as a floor - Held: Suggestion given by the Court Commissioner to make an illegal (:onstruction as a legal construction by compounding the same by paying compounding fee cannot be accepted - Illegal construction which is contrary to law cannot be allowed - Since long time has. lapsed, rate of Rs. 6, 0001- per sq. ft. enhanced to Rs. 70001- per sq. ft. - Compensation to be paid to the flat owners who would vacate the premises in their occupation - Direction to Municipal Corporation to demolish the unauthorized structures within the stipulated period and file a compliance report. CIVIL ORIGINAL JURISDICTION: Writ Petition (C1vit) No. 337 of2013. Vikas Singh, Sr. Adv,, Devashish Bharuka, A, Hasan, Advs. for the Appellant. H Sanjiv Sen, Sr.Adv., Abhinav Mukerji, Rudreshwar Singh, Gopal 886 BABITA BADASARIA & ORS. v. PATNA MUNICIPAL 887 CORPORATION & ORS. Jha, Gautam Singh, Kaushik Poddar, Dr. Maurya Vijay Chandra, Prem A Prakash, Raj iv Shankar Dvivedi, Advs. for the Respondents. The following Order of the Court was delivered ORDER I. This matter has been placed before us by the Office along with B an Office Report ford irections. 2. Civil Appeal No.54 70 of 2004, filed by M/s. Saket Housing Ltd., was dismissed by this Court on 7-5-2013, after noting the fact that there was enormous deviation from the sanctioned plan in construction of multi-storeyed building. At that point of time this Court observed as C follows: "There being enormous deviations from the sanctioned plan in constructing the multi-storeyed building, after following the due process of law, construction beyond sanctioned plan was directed to be demolished by the Patna Regional Development Authority. Deviation is shocking and can be undertaken only by such person who considers himself to be law unto himself. One of the deviations is that against sanction of 24 flats in 6 floors at the rate of 4 flats per floor, 9 floors have been constructed having 6 flats every floor."~ 3. Accordingly this Court had directed for demolition of the s&id unauthorized construction dismissing the civil appeal and that order has attained finality. Thereafter, a writ petition, being Writ Petition (Civil) No.337 of 2013 was filed by the petitioners/ owners of the residential flats in Santosha Complex, claiming themselves to be the owners of the portion which was directed to be demolished. This Court refused to recall the orders so passed for demolition of the unauthorized construction and directed Mis. Saket Housing Ltd. (respondent No.4) to deposit a sum of Rs.25 crores or furnish the Bank Guarantee in the Registry of this Court. Steps were taken accordingly in the matter. Subsequent thereto, the said writ petition was di~posed of by this Court by an order dated July 9, 2014 when this Court was pleased to dismiss the writ petition holding that the writ petition was absolutely misconceived and passed the following order: "Having heard learned counsel for the parties and in the facts and circumstances of the case, we are of the opinion that D E F G H 888 SUPREME COURT REPORTS [2016] 2 S.C.R. A ends of justice shall be met by directing payment@ Rs. 6,000/- per sq. ft. to the persons who shall be affected on account of the demolition. Those persons shall be entitled to have
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