High Court Patna High Court - Orders

Rajeev Ranjan Singh & Anr vs The State Of Bihar & Ors on 19 September, 2011

Patna High Court – Orders
Rajeev Ranjan Singh & Anr vs The State Of Bihar & Ors on 19 September, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CIVIL WRIT JURISDICTION CASE NO.12646 OF 2009
     1. RAJEEV RANJAN SINGH, SON OF BALKESHWAR SINGH, RESIDENT
        OF MOHALLA GAJRARH, GAURAKSHANI, P.O. AND P.S. SASARAM,
        DISTRICT ROHTAS
     2. SURENDRA RAI, SON OF LATE RAM NARESH RAI, RESIDENT OF
        NEW AREA, P.O. AND P.S. SASARAM, DISTRICT ROHTAS
    ............................................................PETITIONERS
                                 VERSUS
     1. THE STATE OF BIHAR
     2. THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT,
        GOVERNMENT OF BIHAR, PATNA
     3. THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT,
        PANCHAYATI RAJ, GOVERNMENT OF BIHAR, PATNA
     4. THE DIRECTOR, PANCHAYATI RAJ, GOVERNMENT OF BIHAR,
        PATNA
     5. THE DISTRICT MAGISTRATE, ROHTAS
     6. THE ZILA PARISHAD, ROHTAS THROUGH ITS CHIEF EXECUTIVE
        OFFICER, SASARAM, ROHTAS
     7. THE SASARAM MUNICIPALITY THROUGH ITS EXECUTIVE
        OFFICER, SASARAM, ROHTAS
    ...............................................................................RESPONDENTS
                                       ***********

3 19/09/2011 The petitioners are the shopkeepers who have their

shops on the land belonging to the Zila Parishad. The Zila

Parishad had constructed a market about ten years back.

The land adjacent to the market also belongs to the Zila

Parishad. The Zila Parishad is intending to construct a Guest

House on the said piece of land. The map etc. of the Guest

House has been approved by the Municipal corporation.

Being aggrieved by the fact that the Zila Parishad

has not provided any civil amenities, such as facility of

drinking water, bathrooms, parking space for scooters and

cars and space for generator, the petitioners have moved this

Court.

At paragraph 2 of the counter affidavit filed on
2

behalf of the Zila Parishad, it has been specifically stated

that there is no violation of Section 316 of the Bihar

Municipal Act, 2007, rather the urinal and the deep boring

hand pump for water and vehicle parking are situated in the

market complex.

This Court doubts this statement, although it is

submitted that the urinal and water facilities (hand pump)

have been provided in the market complex, the other two

requirements of having the parking space specially as the

market is situated in the main road, has not been made by

the Zila Parishad.

The Municipal Corporation has approved the map

and has allowed the Zila Parishad to build the market

complex without ensuring that there is sufficient space to

allow parking for at least a few cars.

Since, Counsel for the Zila Parishad submits that

the Zila Parishad has undertaking to provide basic civic

facilities, this Court cannot pass an order injuncting the Zila

Parishad from constructing a duly approved building for the

purpose of a Guest House on their own lands.

This writ application is disposed of in view of the

undertaken by the Zila Parishad.

Anand                                     ( Sheema Ali Khan, J.)