Jharkhand HC directs RMC to reconsider notice against Argora banquet hall, bars sealing
THE JHARKHAND STORY NETWORK Ranchi, October 5: The Jharkhand High Court today directed the Ranchi Municipal Corporation (RMC) to initiate formal proceedings…
THE JHARKHAND STORY NETWORK
Ranchi, October 5: The Jharkhand High Court today directed the Ranchi Municipal Corporation (RMC) to initiate formal proceedings against Lake Garden Banquet Hall near Argora Chowk over its alleged commercial use in a residential area, while ordering that the building shall not be sealed until a final decision is taken.
Justice Rajesh Shankar passed the order on October 5 while disposing of a petition filed by Shreya Prasad and Mukesh Kumar against the State of Jharkhand, the Municipal Commissioner of RMC and the Assistant Town Planner, RMC.
Petitioners challenge notice to stop commercial use
The petitioners had challenged a notice dated September 16, 2026, issued by the Assistant Town Planner, directing them to stop the commercial use of the building within seven days. The notice stated that failure to comply could lead to sealing of the building and initiation of proceedings under the Jharkhand Municipal Act, 2011 and Jharkhand Building Bye-Laws, 2016.
The petitioners submitted that they operate the community hall/banquet hall, known as Lake Garden Banquet Hall, near Argora Chowk. The property is owned by petitioner Mukesh Kumar and is used for marriage ceremonies and other social gatherings.
They also submitted that the property has a valid holding number and that holding tax has been regularly paid.
Petitioners rely on trade licence and building bye-laws
The petitioners’ counsel told the court that a trade licence for the building was issued in the name of Shreya Prasad on November 19, 2022.
They further argued that municipal tax had been paid at the commercial rate and therefore the notice directing them to stop commercial use was unwarranted.
Relying on Entry No. 22, Table No. 4 under Clause 29.9 of the Building Bye-Laws, 2016, the petitioners contended that a community hall and welfare centre could be operated in a residential area.
They argued that a marriage or banquet hall could be treated as a type of community hall.
The petitioners also contended that the municipal authorities could not seal the building without initiating appropriate proceedings and providing the affected party an opportunity of hearing.
RMC says banquet hall not permitted in residential area
Appearing for RMC, Dr. Vandana Singh submitted that the petitioners were operating a banquet hall in a residential area and that such use was not permissible under the Jharkhand Municipal Act, 2011 and the Building Bye-Laws, 2016.
The municipal authorities had therefore issued the September 16 notice.
Court orders fresh notice and hearing
After hearing both sides and examining the materials on record, Justice Rajesh Shankar noted that the petitioners had specifically relied on their trade licence, commercial-rate holding tax payments and the provisions of the 2016 Bye-Laws relating to community halls and welfare centres.
The court observed that no further proceedings had been drawn by the Ranchi Municipal Corporation following the September 16 notice.
The High Court accordingly directed the Municipal Commissioner, RMC, to initiate a formal proceeding on the issue.
The Municipal Commissioner has been directed to issue a fresh notice to the petitioners and, after considering their response, pass an appropriate order in accordance with law.
The court further made it clear that before passing any final order, the petitioners or their representatives must be given an opportunity of hearing.
Building cannot be sealed until final order
In an important interim protection, the High Court directed that Lake Garden Banquet Hall shall not be sealed by the Ranchi Municipal Corporation until a final order is passed on the issue.
The writ petition was disposed of with these directions.
