D.N. Patel, J.@mdashA copy of I.A. No. 832 of 2011, which is filed for consideration by the local authorities, be passed upon the learned Government Pleader in relation to Dhanbad. G.P.-II will file its response on the next date.
2. Regarding the question of appointment of competent Town Planner and use of plastic bags in the State, no response has been filed by the State Government. This shows lack of desire to handle these two things on behalf of the State Government. They should file their response by the next date.
3. Attention was drawn of the learned Counsel for the R.R.D.A and the State that this Court on 7.5.2003 passed in C.W.J.C. No. 1852 of 2000 had passed a positive direction that unauthorized multi-storied buildings he removed.
4. It appears that if any of the directions contained in this matter was complied with, the direction of by this Court would not lave been required to be passed for the purposes for which they have been reiterated in the present petition.
5. This only reflects a sorry stale of affairs, which is going on in R.R.D.A. and the concern of the Stale Government, being poor, the orders of this Court have been flouted. Both the R.R.D.A. and the State Government will file their response as to why they have not complied with the orders parsed earlier in C.W.J.C. No. 1852 of 2000.
6. It is also informed to this Court that it was in the year 1996, an order was passed by this Court for removal of encroachments.
7. The orders passed in 1990 have also been reportedly not complied. In case, it is found that there had been a consented effort on the part of the authorities, who are asked upon to reply, this Court is going to initiate, apart from contempt proceedings, other proceedings against them for dereliction of duties and disobeying the orders of this Court.
8. The attention of the Government Counsel is also drawn to the direction dated 30th September 2003 passed by this Court in W.P.(PIL) No. 1590 of 2002, wherein following directions were issued:
7. We, therefore, allow this writ application to the extent of quashing the plan sanctioned in favour of Respondents 3 and 4 and direct the Ranchi Regional Development Authority to reconsider the request of Respondents No. 3 and 4 for construction of Rajshree Apartment. We also direct the Ranchi Regional Development Authority to take action against all those in the Basant Bihar Colony, who have violated the Ranchi Regional Development Authority Act, bye-laws or their sanctioned plans, including the writ Petitioner, (if he is found to have violated the Bye-laws, sanctioned plan or any undertaking given by him white obtaining the sanction). We also direct the Ranchi Regional Development Authority to scrutinize the approved plan of Hans Apartment and lake necessary action after notice to the owner thereof in accordance with law. Until a fresh decision is taken on the question of approval of the building plan submitted by Respondents No. 3 and 4 and before gelling the plan approved afresh, Respondents 3 and 4, and the intervener are restrained by an injunction from carrying on any construction activity in the plot belonging to Respondents No. 3 and 4 in which Rajshree Apartment is proposed to be constructed, The Ranchi Regional Development Authority is also directed to ensure that the Ranchi Regional Development Authority Act, the Master plan and the Building Bye-laws are strictly implemented and no plan is sanctioned, unless it strictly complies with the development rules and the master plan of the city. The Ranchi Regional Development Authority is also directed to lake action against any of its officers who have colluded with or stood passively by winking at violations of the Building Bye-laws and approved plans. An affidavit regarding the action taken will also be filed in this Court within a period of six months from today.
9. There appears to be a total disregard to the orders pissed by this Court. This kind of attitude of the Respondents show that they have every desire to frustrate the orders of this Court, which cannot be appreciated. They must come up with a kind of explanation as to why they did not follow the orders of this Court. The explanation must come to this Court on the next date of hearing lo enable this Court to pass further orders for future.
10. List all these matters on Wednesday (16.3.2011).
