High Court Patna High Court - Orders

Bidyotama Devi vs The Bihar State Housing … on 21 April, 2011

Patna High Court – Orders
Bidyotama Devi vs The Bihar State Housing … on 21 April, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CWJC No.13531 of 2010
         1. BIDYOTAMA DEVI W/O LATE SHAMBHU NATH SHARMA R/O
         IN FRONT OF LIG PLOT NO. 28, NOW IN FRONT OF M.I.G. PLOT
         NO. S/378 AND S/377, P.O. LOHIANAGAR, P.S.KANKARBAGH,
         DISTT-PATNA
                                 Versus
         1. THE BIHAR STATE HOUSING BOARD THROUGH ITS MANAGING
         DIRECTOR 6 MANGLES ROAD, PATNA
         2. THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD 6
         MANGLES ROAD, PATNA
         3. THE MANAGER ESTATE, BIHAR STATE HOUSING BOARD 6,
         MANGLES ROAD, PATNA
         4. SMT. SEEMA SINGH W/O SRI GOURI SHANKAR SINGH R/O
         MIG PLOT NO. S/378, LOHIA NAGAR HOUSING COLONY, PATNA
         5. The State of Bihar through the Principal Secretary , Deptt. Of
         Urban Development, Govt. of Bihar, Patna
         6. The Patna Municipal Corporation through the Municipal
         Commissioner, Bihar, Patna (the successor Organization of PRDA)
                                           -----------

9. 21.04.2011 No counter affidavit has been filed on behalf of

the State of Bihar or the Patna Municipal Corporation.

Counsel for the Housing Board submits that

under no circumstances can the petitioner be allowed to

encroach on any area of the land acquired and handed

over to the Housing Board.

If the contention of the counsel for the Housing

Board be accepted the logical conclusion would be that the

petitioner is required to be walled up in her house with no

means of ingress and egress.

The order dated 27.1.2011 more than adequately

notices that the writ application is raising far more serious

issues with regard to Urban Planning of the town of the

Patna including laying of residential plots, pathways for
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ingress and egress etc.

The writ petition in its present form is raising

more of an administrative issue at this stage with regard to

Urban Planning rather than legal issues. There can be no

two opinions that the petitioner cannot be allowed to

occupy any area settled with the Housing Board. But

simultaneously, the State Government or the Patna

Municipal Corporation shall have to provide a path way for

ingress and egress to the petitioner from her plot. These

were issues to be more properly considered and kept in

mind as part of larger Urban Planning at the time that the

lands were acquired for the Housing Board.

The matter is referred to the Secretary, Urban

Department whom the Court considers the most

appropriate authority at this stage of the case to deal with

issues.

The Secretary, Urban Development shall grant a

personal hearing to the petitioner/her representative, to

the Housing Board, to the Patna Municipal Corporation as

also respondent no. 4/her representative. Needless to

stated that the concern of the Court only is that the

petitioner must have an ingress and egress to her

residential plot.

Awaiting the report of the Secretary, Urban

Development, as prayed on behalf of the State of Bihar, list
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after six months under the same heading at the same

position.

In the meantime, the interim direction contained

in the order dated 3.3.2011 with regard to the 7 feet 7

inches passage shall continue to operate.

P. Kumar                                    ( Navin Sinha, J.)