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1995 Supreme(Pat) 110

BISHESHWAR PRASAD SINGH, D.S.DHALIWAL
Srikrishnapuri Boring Road Vyapari Sangh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioners herein are the Srikrishnapuri Boring Road Vyapari Sangh and its Secretary, who is aggrieved by the action of the respondents alleging that the respondents have without any warrant or justification demolished and is demolishing large number of structures on the Boring Road, Boring Canal Road and Srikrishnapuri, which were occupied by the members of the petitioner-Sangh who are shopkeepers, traders and businessmen occupying those structures as tenants. They have, therefore, prayed that the respondents be restrained from demolishing any structure, either temporary or permanent, even if those structures have been raised without a sanctioned plan or in violation of a sanctioned plan, unless a proceeding is initiated under the provision of the Bihar Regional Development Authority Act, 1981 . The writ petition has been filed as a public interest litigation.

2. The case of the petitioners is that the Boring Road has a width of 54(feet), and this is obvious from the fact that a strip of land having breadth of 54(feet) was acquired in or about the year 1920 for the purpose of construction of the said road. In a writ petition filed in public interest by one Nand Kis

























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