Bihar Times 05.07.2013
File detailed survey report on under-construction buildings, HC tells PMC
Patna,(BiharTimes): In a
significant order the division bench of Justice Navin Sinha and
Justice Vikash Jain of Patna High Court on Tuesday
directed the Patna Municipal Corporation (PMC), the Patna district
magistrate and the registrar of Co-operative Society, Patna, to file a
detailed survey report on under-construction buildings along roads less
than 20ft wide and non-residential constructions on residential
plots.
The HC order was passed
while hearing on a PIL filed by Narendra Mishra seeking immediate
halt on illegal mushrooming of high-rise buildings in the state
capital.
The Court appeared
dissatisfied with the counter-affidavits filed by the PMC in the PIL.
It observed that the notices served by the PMC to the 771
under-construction buildings on roads more than 20ft wide did not come
under the purview of the PIL, but it permitted the civic body to
complete its proceedings in this regard under the legal framework.
Asking the PMC to
scrutinise the 449 under-construction buildings which were found
violating the building bylaws, the bench observed that the review of
the buildings should be done after giving prior intimation to the
builder concerned.
The court also observed
that the encroachment of the road should also be taken into
consideration while measuring the actual width of the road.
