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.)