Patna High-Rise Demolition: Supreme Court Orders Compensation and Removal of Illegal Construction

The Supreme Court of India, in the case of Babita Badasaria & Ors. vs. Patna Municipal Corporation & Ors., addressed the issue of illegal construction and deviation from the sanctioned building plan in a high-rise residential complex in Patna. The judgment, delivered by Justices Pinaki Chandra Ghose and R.K. Agrawal, upheld the demolition order for the unauthorized floors while directing compensation for affected residents.

Background of the Case

The case arose from a multi-storeyed residential project, Santosha Complex, in Patna, developed by M/s. Saket Housing Ltd. The builder was sanctioned to construct six floors with a total of 24 flats. However, the final construction grossly deviated from the approved plan, resulting in nine floors and 54 flats. The Patna Regional Development Authority (PRDA) had earlier ordered the demolition of the unauthorized portions.

Key Legal Issues

• Can unauthorized construction exceeding the sanctioned building plan be legalized through compounding?
• Should affected residents be compensated for demolition orders against the builder?
• Is municipal inaction or negligence a factor in allowing such deviations?

Arguments of the Parties

Petitioner’s Arguments (Babita Badasaria & Ors.)

The petitioners, who were residential flat owners, sought to prevent demolition by proposing alternative solutions. They suggested sealing certain floors rather than demolishing them and requested regularization of additional construction.

Respondent’s Arguments (Patna Municipal Corporation & Ors.)

The Patna Municipal Corporation opposed the proposal, arguing that the additional floors violated Floor Area Ratio (FAR) norms and exceeded the legally permissible height. The unauthorized construction posed safety risks and violated Airport Authority regulations.

Supreme Court’s Observations

Justice Pinaki Chandra Ghose, delivering the judgment, stated:

“In these circumstances, we do not intend to pass any further order in this matter. We only direct that steps shall be taken by the respondent authorities/Patna Municipal Corporation in the matter in terms of our order dated 9th July, 2014.”

The Court rejected the petitioners’ plea for regularization and directed the Patna Municipal Corporation to proceed with demolition. However, it enhanced the compensation for affected residents from Rs. 6,000 per square foot to Rs. 7,000 per square foot.

Final Verdict

The Supreme Court ordered the demolition of unauthorized portions within four months and directed Patna Municipal Corporation to file a compliance report. The Court mandated compensation payment to flat owners within six weeks, requiring them to vacate their premises within one month of receiving compensation.

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Download Judgment: Babita Badasaria & O vs Patna Municipal Corp Supreme Court of India Judgment Dated 10-03-2016-1741853846493.pdf