BABITA BADASARIA & ORS versus PATNA MUNICIPAL CORPORATION & ORS.

The suggestion to compound or regularize the illegal construction is rejected; unauthorized construction contrary to law cannot stand. Compensation to flat owners shall be paid, demolition must be carried out, and orders previously passed must be executed.

Parties: Petitioner: Babita Badasaria & Ors.; Respondent: Patna Municipal Corporation & Ors.
Jurisdiction: India
Judgment Date: 10 March 2016
Procedural Posture: Writ Petition (civil) / Final Decision/order
Outcome: Writ petition disposed of, orders and directions issued.
Legal Topics: Demolition of Unauthorized Construction, Compensation for Affected Persons, Deviation From Sanctioned Plan

Urban Development Demolition of Unauthorized Construction Compensation for Affected Persons Deviation From Sanctioned Plan

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5

Parties

Babita Badasaria & Ors.

Petitioner

Patna Municipal Corporation & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Decision/order

Legal Issues

1 Whether unauthorized construction beyond sanctioned plan should be demolished
2 Whether compounding fee/payment can regularize illegal construction
3 Amount and process for compensation to affected flat owners

Ratio Decidendi

Court Disposition

Writ petition disposed of, orders and directions issued.

Orders

Compensation rate enhanced from Rs.6,000/- to Rs.7,000/- per sq. ft. carpet area for affected flat owners. Compensation to be paid within six weeks from date of order.
Flat owners must vacate premises within one month of receiving compensation.