RAJ KUMAR
Ranchi, Aug.5: Jharkhand High Court on Thursday stayed demolition notices issued by the Ranchi Municipal Corporation to owners of the buildings constructed without an approved plan. With this, demolition clouds looming large over the 62-year-old private hospital Nagar Mal Seva Sadan and other buildings of the biggest marketing hub of the state, Upper Bazar, got cleared.
The development took place while hearing a PIL demanding proper traffic arrangement and encroachment-free roads in the city.
The division bench comprising Justice Dr Ravi Ranjan and Justice Sujeet Narayan Prasad passed the order saying there should be no demolition till the constitution of the appellate tribunal to hear the cases related to building plans.
The court said that the appellate tribunal should be constituted within a week. The court also directed for its gazette notification and publication in newspapers in order to ensure that information reaches all.
The court, while giving direction, asked the municipal commissioner to pass an order in accordance with law and not to use the high court as a shield to justify its order. The court made it clear that before the demolition of any building every aspect should be properly examined and the law of natural justice should never be violated.
The court made it clear that the order given today in the PIL is not to be treated as precedence.
The court categorically said that the free flow of traffic has to be ensured at any cost and residents cannot be allowed to park their vehicles on the road.
While observing this the court gave direction to the Federation of Jharkhand Chambers of Commerce and Industries (FJCCI) to give a proposal for free flow of traffic.
The high court also asked the trade body to furnish the list of their members and inform them about the parking arrangement they have made for their vehicles. The court also asked the trade body to provide the number of vehicles in use by members of the trade body.
