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Judgment
M.Y. Eqbal, J.—Heard the parties.
Petitioner is challenging the order dated 4.4.2005 issued under the signature of Secretary, Ranchi Regional Development Authority, Ranchi whereby the authority refused to sanction the plan on account of non-production of mutation papers and rent receipts.
Mr. Roy, learned Counsel appearing for the petitioner submitted that production of rent receipts and mutation papers is not mandatory and therefore the sanction cannot be refused on that account.
From perusal of 5.2 (V)(b) of the Modified Building Bye Laws, it is manifestly clear that owner who applies for development sanction is required to submit attested copy of the revenue receipt, municipal holding tax receipts with khesra/holding number or mutation records.
Even assuming that such requirement is not provided in the bye-laws, I am of the opinion that unless the owner who applies for development plan or building plan gets mutation in respect of the land in question and revenue receipt and municipal holding tax receipt are not issued in his favour, the question of sanction of plan does not arise.
If is well-settled that besides title, mutation is an evidence of possession and therefore even if a person has got a title that shall not be deemed to be the evidence of possession unless mutation is clone and rent receipts are issued in favour of the owner of the building.