The Court On Its Own Motion vs The State Of Jharkhand
2024 Latest Caselaw 1252 Jhar

Jharkhand High Court

The Court On Its Own Motion vs The State Of Jharkhand on 7 February, 2024

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   W.P.(C) No. 5345 of 2022

The Court on its own Motion                                  .... Petitioner
                                        Versus
The State of Jharkhand                                       ... Respondent
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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN KUMAR RAI

For the Petitioner : Mr. Indrajit Sinha, Amicus Miss Sonal Jaiswal, AC to Amicus For the State : Mr. Piyush Chitresh, AC to Advocate General For the RRDA : Mr. Prashant Kumar Singh, Advocate For the RMC : Mr. L. C. N. Shahdeo, Advocate For the Intervener : Mrs. M.M. Pal, In-person Mr. Ramit Satender, Advocate Mr. Rajiv Ranjan Chakravarty, Advocate Mr. Lal Gyan Ranjan Nath Shahdeo, Advocate

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th Order No.33 / 7 February 2024

Mr. Indrajit Sinha, the learned Amicus has referred to the judgments in "K.T. Plantation (P) Ltd. v. State of Karnataka" (2011) 9 SCC 1, "Mr. Yogananda N. v. State of Karnataka" ILR 2022 Karnataka 1461, "Pt. Chet Ram Vashist v. Municipal Corpn. of Delhi, (1995) 1 SCC 47, "Indore Vikas Pradhikaran v. Pure Industrial Coke & Chemicals Ltd." (2007) 8 SCC 705, "Bishambhar Dayal Chandra Mohan v. State of U.P." (1982) 1 SCC 39 and "Kalyani v. Sulthan Bathery Municipality" 2022 SCC OnLine SC 516.

2. Indeed, right to property is a Constitutional right under Article 300-A of the Constitution of India and every person who holds and possesses a property should have absolute freedom to enjoy the property the manner he likes.

3. Prima facie, the stipulation, may be in the regulation, under which an individual who seeks to construct a house has to part with a part of his land for the road widening appears to be infringement of the Constitutional right of the individual. However, we keep this issue open for a final adjudication but, in the meantime, this condition in the letter dated 28th October 2017 shall remain stayed. The Vice-Chairman of the RRDA shall pass a fresh order requiring the applicant only to deposit 1% cess as indicated in the government notification within a period of four weeks; the

amount thereof shall be adjusted with the amount already paid by the applicant towards Builder Registration.

4. Let a copy of the order passed by the Vice-Chairman of the RRDA be produced on record by the next date of hearing, for compliance.

5. Post this matter on 23rd February 2024.

(Shree Chandrashekhar, A.C.J.)

(Arun Kumar Rai, J.) R.K.