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Judgment
Rajesh Shankar, J
The present case is taken up through video conferencing.
The present writ petition has been filed for quashing the order as contained in memo no. 712 dated 23.07.2021 passed by the respondent no. 2 in U.C. Case No. 13 of 2021 by reasons of which the petitioner has been directed to demolish his residential premises within 15 days without providing proper opportunity of hearing.
The writ petition was earlier taken up on 26.08.2021 and on the said date, Mr. Prashant Kumar Singh, learned counsel for the respondent-RMC, submitted that U.C. Case No. 13 of 2021 was initiated against the petitioner in pursuance of different orders passed by the learned Division Bench-I of this Court in W.P.(PIL) No. 4619 of 2018 and W.P.(PIL) No. 1463 of 2020 related to unauthorised construction of houses and other structures near the water bodies including ponds and rivers in Ranchi township. Since, Mr. Nilesh Kumar, learned counsel for the petitioner, disputed the said fact, the respondent-RMC was directed to file an affidavit to that effect.
Pursuant to order dated 26.08.2021, a counter affidavit has been filed on behalf of the respondent-RMC stating inter alia that in pursuance of different orders passed in W.P.(PIL) No. 1463 of 2020 (Khushboo Kataruka Vs. the State of Jharkhand & Ors.), the engineers of Town Planning Section of Ranchi Municipal Corporation conducted a survey regarding unauthorised/illegal constructions of residential/commercial structures made around "Bara Talab". A list of altogether 43 structures situated around "Bara Talab" without sanction/approval of maps was prepared. The said list was also filed by way of the supplementary affidavit in W.P.(PIL) No. 1463 of 2020 which included the name of the petitioner.
Considering the stand taken by the respondent-RMC in its counter affidavit that the list filed in W.P.(PIL) No. 1463 of 2020 also includes the name of the petitioner, let this case be referred to the learned Division Bench-I of this Court where the aforesaid PIL is said to be pending.
Since the learned counsel for the petitioner has shown urgency in the matter, he is permitted to mention this case before the learned Division Bench-I for urgent listing of this case.