Court : Patna
..... , therefore, it is an unauthorised structure is a kind of a plea which this court finds it rather difficult to swallow, 43. section 18 of the bihar regional development authority act (hereinafter called the said act) indicates to contents of master plan. the opening words of section 18 makes it clear that the drafts master plan shall generally indicate the manner in which the ..... the vice-chairman to cancel the pre-ordinance building permit. it is not in dispute that the p.r.d.a. authority have come into existence under the provisions of section 3 of the bihar regional development authority act. therefore, the said division bench judgment in the case of ranchi. club limited (air 1978 pal 32) (supra) covers the question raised here that the .....
Tag this Judgment!Court : Patna
..... be cancelled. it is further stated that the affairs in question are governed by the bihar industrial area development authority act. the same was amended by the bihar state industrial area development authority (amendment) act 1991, a photocopy of the gazette notification whereof is marked annexure-a to the counter affidavit of respondent ..... nos. 2 to 4. the authority ultimately came to the conclusion that the petitioner has although acted in violation of the terms ..... dated 16.10.2001 (annexure-3), the petitioner had approached respondent no. 6 (managing director, patna industrial area development authority), and respondent no. 7 (the development officer, patna industrial area development authority), and explained to them that cancellation of the lease was not in accordance with law, the terms and conditions .....
Tag this Judgment!Court : Patna
..... learned counsel for respondent no. 2 is right in relying on the judgment of the supreme court in secretary, jaipur development authority v. daulatmal jain (supra), wherein it has been laid down that the act which would amount to perpetuating an illegality through judicial process cannot be permitted by the courts. in view of the foregoing ..... bihar) he also submits that the court should never perpetuate an illegality. he relies on the judgment of the supreme court reported in : (1997)1scc35 (secy., jaipur development authority, v. daulat mal jain).7. learned counsel jointly representing respondent nos. 3, 4 and 5 has made common cause with respondent no. 2, and has opposed the ..... will be levied, it will be ultra vires of the powers of the municipal committee. when a public authority acts beyond the scope of its authority, the plea of estoppel is not available to prevent the authority from acting according to law. it is in public interest that no such plea should be allowed.paragraph 22 of the .....
Tag this Judgment!Court : Patna
..... . learned senior counsel representing the petitioner has many a submissions to make, primary amongst them being that the cancellation order was de hors the power under the act, which is bihar industrial area development authority act, 1974. the cancellation order is de hors the terms of the allotment because no just compensation has been made over to the petitioner after cancellation though the respondents ..... order continues to operate till date. 20. biada is a creature of statute and it was created by virtue of bihar industrial area development authority act, 1974 with the object of development of industrial areas and promotion of industries. this authority is a limb of the state. the present dispute relates to a plot of land which is located in what is known as patliputra .....
Tag this Judgment!Court : Patna
..... on some old construction after coming into existence of the statutory requirement of obtaining prior sanction for construction either from the municipal corporation or from the patna regional development authority, the authority will also give notice in respect of such new construction/extension to the old construction and if it is found that new construction/extension are also causing encroachments ..... of encroachment over public land lohanipur area. the officer so deputed will make a survey and initiate proceedings under section 3 of the bihar public land encroachment act, 1956 against all persons making encroachment over public land in lohanipur area. it is expected that notices in terms of section 3 of the ..... act will be issued within a moth from the date of receipt/production of a copy of this order and proceedings will be completed and final order will .....
Tag this Judgment!Court : Patna
..... the buildings in question on the ground that those were unauthorised structures. the challenge to the authority's action on the ground of non issuance of any notice was also rejected holding that section 54 of the regional development authorities act provided for a notice only to the owner and builders of the houses and having regard to ..... tenants, a number of buildings on the boring road, boring canal road and s.k. puri came to this court assailing the action of the patna regional development authority in demolishing/proposing to demolish parts of the tenanted buildings on the grounds that those were constructed without any sanctioned plan or in material deviation from the sanctioned ..... that the direction we are issuing is not with regard to the areas falling within the p.r.d.a. and other regional development authorities which are governed by bye-laws framed by the authority. in the absence of such bye-laws or rules that may have been framed by the government, the rational approach ig first .....
Tag this Judgment!Court : Patna
..... the case of banglore medical trust v. state of karnataka reported in : air 1991 sc 1902 and in the case of dr. g.n. khajuria and ors. v. delhi development authority reported in : air 1996 sc 253 as well as a division bench decision of the patna high court which is the case of vijay vasayayan v. state of bihar and ..... larger issue on the ground that the public park can never be allowed to be used for any other purpose by any authority whatever be the circumstances. if the main plan of the society stands approved by the regional development authority and the place has been shown to be a public park then it shall remain so all its life. in support ..... cannot be said by any stretch of imagination unreasonable, arbitrary or motivated. the order passed by the municipal commissioner contained in annexure-1 requires no interference. after all, the act of the respondents is not only at the behest of a direction of the high court in yet another matter but also in larger public good informed with reason.10 .....
Tag this Judgment!Court : Patna
..... this reason the allotment was cancelled.2. annexure-10 is an order of eviction passed in purported exercise of power under section 85(4) of the regional development authority act in eviction case no. 7/88 initiated against the petitioners and respondents 4 and 5. annexure-11 is the notice of eviction following the order passed in ..... was stated in this letter that respondent no. 5 had transferred the flat to respondent no. 4 without obtaining prior permission from the patna regional development authority (hereinafter referred to as 'the authority') and had also constructed two rooms on the roof of the flat in an illegal manner. the action of the allottee, it was alleged, ..... after the purchase had made any unauthorised construction in the tlat or have committed any other act in breach of the terms and conditions of the lease or any other relevant statutory provisions (s) it would be open to the authority to proceed and to take action against them in accordance with the rules. in case, .....
Tag this Judgment!Court : Patna
..... from the sanctioned plan (annexure-1), namely, the mandatory set off had not been provided in terms of the bihar coal mining area development authority act, 1986 (for short, the 'act'). respondent authorities in all fairness ought to have given proper notice to enable the petitioner to rectify the mistake but they mercilessly scrapped the same causing damage ..... following reported judgments : (i) 1991 (2) pat ljr 398, (sudisht kumar purbey v. p.r.d. authority) (ii) 1997 (2) pat ljr 843 ..... and, therefore, it is incumbent on such authority to personally answer the charges before the court. 7. learned counsel for the petitioner further submitted that there are provisions in the act to grant ex-post facto sanction which ought to have been granted by respondent nos. 3 and 4. in this connection, he relied on the .....
Tag this Judgment!Court : Patna
..... act to be done. it was further held that undue liberal judicial attitude will raise unjustified expectations in similar cases. interlocutory orders passed by the high court were found to lack visible legal support.51. in my view, the learned single judge was quite justified when he referred to the observation of the apex court in the case of haryana urban development authority ..... of study shall not be allowed on any ground.(ii) all applications for migration shall be referred to medical council of india by college authorities. no institution/university shall allow migration directly without the approval of the council.(iii) council reserves the right not to entertain any application ..... have passed first professional m.b.b.s. examination.(4) the applicant candidate submits his application for migration, complete in all respects, to all authorities concerned within a period of one month of passing (declaration of result) the first professional bachelor of medicine and bachelor of surgery (m.b. .....
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