The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 6288 of 2023 Chetan Kumar, aged about 55 years, son of Sri Trilok Kumar, resident of Flat No.E/3, Disha, 44 C.H. Area (old), Bistupur, P.O. & P.S. Bistupur, Town Jamshedpur, District- East Singhbhum … Petitioner -Versus- 1. 2. The State of Jharkhand, through the Principal Secretary, Urban Development and Housing Department, Government of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, District- Ranchi Jamshedpur Notified Area Committee (JNAC), through its Special Officer, New Kalimati Road, Sakchi, Jamshedpur, P.O. & P.S. Sakchi, Town Jamshedpur, District- East Singhbhum 3. Deputy Commissioner, East Singhbhum, Sakchi, Jamshedpur, P.O. & 4. 5. P.S. Sakchi, Town Jamshedpur, District- East Singhbhum Sub Divisional Officer, Jamshedpur, Sakchi, Jamshedpur, P.O. & P.S. Sakchi, Town Jamshedpur, District- East Singhbhum Thermatix Developers LLP, H. No.4, Road No.1, B-Block, Dhatkidih, Bistupur, Jamshedpur, through one of its partners, namely, Pradeep Kumar Mukherjee, son of name not known to the petitioner, resident of H. No.4, Road No.1, B-Block, Dhatkidih, Bistupur, Jamshedpur, P.O. & P.S. Bistupur, District- East Singhbhum … Respondents With W.P. (C) No. 137 of 2024
Legal Reasoning
1. M/s Technomec Solutions Pvt. Ltd., Gajraj Mansion, Bistupur, P.O. & P.S. Bistupur, Town Jamshedpur, District- East Singhbhum, Jharkhand represented through its one of the Director namely Sunil Kumar Bagrodia, aged about 58 years, son of Late Uday Karan Bagrodia, resident of F-1, Shristi Apartment, C.H. Area, Bistupur, P.O. & P.S. Bistupur, Town Jamshedpur, District- East Singhbhum Jitendra Agarwal Garg, aged about 52 years, son of Late Ram Awatar Agarwal, resident of H. No.25, B-1, Shristi Apartment, C.H. Area, Bistupur, P.O. & P.S. Bistupur, Town Jamshedpur, District- East Singhbhum … Petitioners 2. -Versus- 1. 2. The State of Jharkhand, through the Principal Secretary, Urban Development and Housing Department, Government of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, District- Ranchi Jamshedpur Notified Area Committee (JNAC), through its Special Officer, New Kalimati Road, Sakchi, Jamshedpur, P.O. & P.S. Sakchi, Town Jamshedpur, District- East Singhbhum 3. Deputy Commissioner, East Singhbhum, Sakchi, Jamshedpur, P.O. & 4. P.S. Sakchi, Town Jamshedpur, District- East Singhbhum The Sub Divisional Officer, Jamshedpur, Sakchi, Jamshedpur, P.O. & P.S. Sakchi, Town Jamshedpur, District- East Singhbhum With -1- W.P. (C) No. 6288 of 2023 W.P. (C) No. 137 of 2024 5. Thermatix Developers LLP, H. No.4, Road No.1, B-Block, Dhatkidih, Bistupur, Jamshedpur, through one of its partners, namely, Pradeep Kumar Mukherjee, son of Late N.K. Mukherjee, resident of H. No.4, Road No.1, B-Block, Dhatkidih, Bistupur, Jamshedpur, P.O. & P.S. Bistupur, District- East Singhbhum … Respondents ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Indrajit Sinha, Advocate For the State : Mr. Zaid Imam, A.C. to S.C.VII [In W.P.(C)-6288/23] Ms. Omiya Anusha, A.C. to A.A.G.-IA [In W.P.(C) -137/24] For the JNAC : Mr. Vijay Kumar Roy, Advocate For Respondent No.5 : Mr. Amit Kumar Das, Advocate Mr. P.A.S. Pati, Advocate ----- 04/11.09.2024
Decision
In both the writ petitions, common question of facts are involved and in view of that, both the writ petitions have been heard together with consent of the parties. 2. Heard Mr. Indrajit Sinha, learned counsel for the petitioners, Mr. Zaid Imam and Ms. Omiya Anusha, learned counsel for the State, Mr. Vijay Kumar Roy, learned counsel for Jamshedpur Notified Area Committee (JNAC) and Mr. Amit Kumar Das, learned counsel for respondent no.5. 3. The prayer in W.P.(C) No.6288 of 2023 is made for direction upon the respondent-Jamshedpur Notified Area Committee (JNAC) to revise the sanctioned building plan dated 29.03.2007 as contained in Permit No.27123 and direct respondent no.5 not to make further construction of one more additional floor over the existing building. The prayer in W.P.(C) No.137 of 2024 is made for direction upon the respondent-Jamshedpur Notified Area Committee (JNAC) to revise the sanctioned building plan dated 15.11.2007 as contained in Permit No.27234 and direct respondent no.5 not to make With -2- W.P. (C) No. 6288 of 2023 W.P. (C) No. 137 of 2024 further construction of one more additional floor over the existing building. 4. Mr. Indrajit Sinha, learned counsel for the petitioners submits that the petitioners are purchasers/occupants of the flats in question. He refers to the sale-deed as well as sanctioned building plan and submits that on the rooftop respondent no.5 is further trying to make another floor and in view of the sanctioned plan as well as statement made in the sale-deed, respondent no.5 is not entitled and that area is common, as such, respondent no.5 may be further directed to restraint in light of the statutory provision of the Real Estate (Regulation and Development) Act, 2016 as well as Jharkhand Apartment (Flat) Ownership Act, 2011. He submits that in violation of the statutory provision, the flats in question have been further sanctioned by the Jamshedpur Notified Area Committee violating the terms of earlier sanctioned plan. 5. Per contra, Mr. Vijay Kumar Roy, learned counsel for the Jamshedpur Notified Area Committee (JNAC) submits that the JNAC has examined all aspect of the matter including the structure condition of the buildings and, thereafter, further building plan has been sanctioned and there is no illegality in the order. 6. Mr. Amit Kumar Das, learned counsel appearing for respondent no.5 draws attention of the Court to Schedule-C of the sale-deed and submits that besides super-built up area in the building, only 175 sq.ft. proportionate share is provided to the petitioners and total area with regard to sale to other occupants comes to 4315 sq.ft. and further, 6394 sq.ft. is still with the ownership of respondent no.5. He further submits that in terms With -3- W.P. (C) No. 6288 of 2023 W.P. (C) No. 137 of 2024 of the rule and regulation only, the Jamshedpur Notified Area Committee has sanctioned the further building plan of construction of building. 7. In view of the above dispute between the parties, at the first instance the said dispute is required to be considered by the Jamshedpur Notified Area Committee, as such, these petitions are disposed of directing the petitioners to move before the Jamshedpur Notified Area Committee by way of filing appropriate petition, which will be decided by the competent authority of the Jamshedpur Notified Area Committee, expeditiously. For any interim relief, it is open to the petitioners to file petition before the Jamshedpur Notified Area Committee. 8. 9. Accordingly, these petitions are disposed of. Pending I.A., if any, is disposed of. 10. Interim order, if any granted by this Court, is vacated. Ajay/ (Sanjay Kumar Dwivedi, J.) With -4- W.P. (C) No. 6288 of 2023 W.P. (C) No. 137 of 2024