High CourtsSingle Bench(2023) 11 JH CK 0048

Union Of India vs Ranchi Municipal Corporation And Others

Jharkhand High Court · Decided on 22 November 2023

HON’BLE JUDGES
Shree Chandrashekhar, J · Anubha Rawat Choudhary, J
CASE NUMBER
Latter Patent Appeals No. 327 Of 2020

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Judgment

14 paragraphs · 319 words

Anubha Rawat Choudhary, J

I.A. No. 6397 of 2023

1.

This application has been filed for acceptance of Vakalatnama on behalf of respondent no. 2.

2.

In view of the grounds stated in the application, I.A. No. 6397 of 2023 is allowed and Vakalatnama filed on behalf of respondent no. 2 is accepted.

L.P.A. No. 327 of 2023

3.

Issue notice.

4.

Mr. L.C.N. Shahdeo, the learned counsel accepts notice on behalf of the respondent no.1. Mr. Sumeet Gadodia, the learned counsel accepts notice on behalf of the respondent no.2.

5.

Counter-affidavit, if any, shall be filed within next three weeks.

6.

By common order dated 5th April 2023, WP(C) Nos.2573 of 2022 and 788 of 2022 were disposed of holding that Union of India which had filed the aforementioned writ petitions was not able to demonstrate any irregularity or illegality in the grant of sanction for commercial and building constructions to Chalice Real Estate LLP and NCC Urban Infrastructure Limited.

7.

Having gone through the writ Court's order and considering the objection taken by Union of India to the construction activity carried on by the respondent no.2 in the periphery of the defence establishment and the guidelines dated 18th May 2011, we hereby direct that the respondent no.2 shall forthwith stop any further construction activity over the subject land which is in close vicinity of the Military Installation “Dipatoli Military Station” at Ranchi till the next order of this Court.

8.

The respondent no.2 is further directed to maintain status quo as on today with respect to the subject property.

9.

Mr. Sumeet Gadodia, the learned counsel appearing on behalf of the respondent no. 2 shall communicate the order of this Court to the respondent no. 2 and any violation of this Court’s order shall be viewed very seriously.

10.

Post this case on 19th December 2023.

11.

In the meantime, pleadings shall be completed by the appellant.