SC stays demolition of residential building in Patna
New Delhi: The Supreme Court on Tuesday stayed its order directing demolition of certain portions of a commercial -cum-residential complex in Patna, Bihar, on a plea by the residents that they were not given a chance to put forward their case.
A vacation bench of justices Gyan Sudha Misra and Madan B Lokur also issued notices to the Patna Municipal Corporation, Bihar government and the state police and sought their responses.
The apex court also directed that the residential complex` builder, Saket Housing Ltd, be also made a party in the case.
In their petition, the residents of the Santosha Complex situated in Bandar Bagicha, Fraser Road, Patna, have contended that the apex court`s May 7, 2013 order directing demolition of their building was passed without hearing them.
Senior advocates Ravi Shankar Prasad and Ajit Kumar Sinha, appearing for flat owners, submitted the municipal corporation of Patna should not take any coercive measure for demolition of the building or any portion or part thereof.
Certain portions of the complex, which houses over 200 residents, including 80 children, was identified for demolition by Patna Regional Development Authority (PRDA) on the ground of violation of building regulations.
The PRDA`s decision was contested by the builder all the way to the Supreme Court which had on May 7 this year directed demolition of the unauthorised portions within two months.
The flat owners have filed the petition against the apex court`s decision contending they have been in possession of the flats for over a decade and at the time of purchase were unaware that the building was under the PRDA scanner for violations of building norms.
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