Demolition of Unauthorized Construction: Payment of Compensation to Persons affected of demolition
Writ Petition (Civil) No. 337 of 2013
Bench: Justice Pinaki Chandra Ghose; Justice R. K. Agrawal
The present case is in connection with the construction of the multi- storied building and the Apex Court have already dismissed the writ petitions and directed demolition of the concerned construction. Subsequently, the petitioners herein have preferred to file writ petition, claiming themselves the owner of the portion which was directed to be demolished. However, court denied the re- calling of the order, but the Respondent- company was directed to deposit a sum of Rs. 25 Crores or furnish the Bank Guarantee in the Registry of this Court. Moreover, after compliance of the order, the court by disposing of the Writ petition stated that 6000 rupees per sq. ft. to be paid to the persons affected due to demolition and also appointed Court Commissioner, in this connection. Moreover, petitioners filed proposal and a Municipal Corporation has filed its response to the proposal, where Municipal Corporation sought to maintain that the proposals given by petitioner cannot be accepted and same be rejected in their entirely. The Bench as such considered the Report of the Corporation and also the Report filed by the Court Commissioner. And further the court observed that the suggestion of the Court Commissioner in making an illegal construction as a legal construction by compounding the same with payment of compounding fee, is fully unacceptable, as the issue of compounding was closed with the writ petition and the appeal which was dismissed by the Court. Thus, the court remained stand on its earlier dismissal decision. However, the Court provided further directions to the authorities and Municipal Corporation in the terms of the earlier order passed in the said writ petition. It was that the Court had already ordered while disposing of writ petition, that the payment at the rate of 6000 rupees per sq. ft. to the persons who shall be affected with demolition be made. Moreover, the court revised this payment and from 6000 rupees, the payment is extended to 7000 rupees per sq. ft. Moreover, the Court has also ordered compensation in favour of Flat Owners and ensured them that such payment of Compensation will be made within a period of 6 weeks. Also, The Municipal Corporation is directed to demolish the unauthorized structure within 4 months period and also asked to file compliance report after such demolition.
Read the Judgement: Babita Badasaria & Ors. Vs. Patna Municipal Corporation & Ors