The court emphasized the importance of demonstrating bona fide and genuine public interest in invoking the Public Interest writ jurisdiction.

Hemant Gupta, J.

Heard learned counsel for the parties.

2. The petitioner, a resident of Mohalla-Hajiganj, Post Office-Jhauganj, Police Station- Chowk, Patna City, has invoked the Public Interest writ jurisdiction of this Court alleging that he has no direct or indirect involvement or interest in the building in question.

3. The petitioner has challenged the construction of a multi-storied commercial complex in old Chanakya Cinema Hall Campus on the eastern Exhibition Road. The building plan for construction on the said plot was submitted on 20th of August, 2011 and was approved by the Patna Municipal Corporation on 20th of September, 2012.

4. The petitioner has made a reference to C.W.J.C. No. 8152 of 2013 (Narendra Mishra Versus The State of Bihar & Others) wherein, this Court took cognizance of mushroom growth of the apartments and multi-storied buildings in the Patna Municipal Corporation area in utter disregard to the building byelaws. In the said case, this Court was constrained to pass an order to stop construction of all multi-storied buildings and apartments. It is on account of the order passed in the said case, the construction of the building in question was also stayed. Later the said petition was disposed of and the construction resumed.

5. The petitioner alleges that the building was inspected by the Engineers of Patna Municipal Corporation after completion of its construction and a detailed report dated 6th of June, 2016 was submitted pointing out the violations in the building both as per the approved plan as well as building byelaws.

6. A show-cause notice was sent to the builder/owner. The builders/land-owners have submitted reply. The grievance is that the Patna Municipal Corporation has allowed the owner/builder to finish the remaining finishing work on 10th of September, 2016 with only minimal fine in lieu of composition of the deviations.

7. The writ application came up for hearing before this Court on 30th of September, 2016 when this Court passed an order that the Patna Municipal Corporation shall not, without leave of this Court, allow the building, in question, to be completed and/or to be occupied by anyone nor shall the said building be made functional without leave of this Court.

8. I.A. No. 8119 of 2016 has been filed by the intervenor namely, Aditya Birla Fashion and Retail Ltd. for its impleadment as Respondent No. 9 in the present case along with I.A. No. 8120 of 2016. It is thereafter, a supplementary affidavit dated 5th of October, 2016 has been filed on behalf of intervenor as well. Whereas I.A. No. 8192 of 2016 has been filed by Respondent No. 8 for vacating the interim order dated 30th of September, 2016 and giving the complete facts as to why the present petition should not be entertained. I.A. No. 8193 of 2016 has been filed by the owner (Respondent No. 7).

9. In an Interlocutory Application filed on behalf of Respondent No. 7 it is asserted that the petition has been filed by an individual who has no concern with the locality where the building is situated rather he lives in Patna City and has filed a Public Interest Litigation against one building being constructed on the Exhibition Road. As per the petitioner, the distance between the place of residence of the petitioner and the place where the building in question is constructed is 4 K.M. whereas, as per the Respondents it is 11 K.M. It is also pointed out that on the said road, there are several high rise buildings, some under construction as well as some high rise multi-storied commercial buildings, but the petitioner has chosen the building of Respondent No. 7 alone. It is pointed out that the present is proxy litigation at the instance of one Vikash Kumar Agrawal. Vikash Kumar Agrawal filed a criminal case against the said respondent under various sections of the Indian Penal Code. It is also alleged that the said respondent has entered into an agreement for sale of a certain area in the present building for which a First Infor