The central legal point established in the judgment is the significance of Section 278 of the Bihar Municipal Act, 2007, in governing the process of ordering demolition of buildings unfit for human habitation and the rights of the owner or interested parties to undertake improvement works to avoid demolition.

JUDGMENT

Ahsanuddin Amanullah, J. - This matter has been taken up via video-conferencing.

2. The instant case has been assigned after being specially notified under orders of Hon'ble the Chief Justice.

3. Heard Mr. Ritesh Kumar, learned counsel for the petitioners; Mr. Uday Shankar Saran Singh, learned Government Pleader 19 along with Mr. Rakesh Kumar Chandra, learned Assistant Counsel to GP 19 for the State and Mr. Prasoon Sinha, learned counsel for the Muzaffarpur Municipal Corporation (hereinafter referred to as the 'Corporation').

4. The petitioners have moved the Court by preferring the present writ petition for the following reliefs:

"i. For quashing letter dated 05.04.2021 issued under the signature the Respondent no. 5, The Municipal Commissioner, Muzaffarpur Municipal Corporation whereby and whereunder the petitioners have been directed to vacate their respective shops by 10.04.2021.

ii. For commanding the respondents to make alternative arrangement at some other place, since the petitioners are doing their business for the last 20-30 years in the shops which are proposed to be demolished without any justifiable basis.

iii. For commanding and directing the respondents to not proceed with the demolition till alternative arrangements are made for rehabilitating the petitioners, who have got no other source of income apart from present shops and to allot new shops to the petitioners in the proposed Shopping Mart by giving preference to them.

iv. For any other relief/reliefs for which the petitioners may be found entitled to."

5. Learned counsel for the petitioners submitted that they are the bona fide allottees of the shops which have now been directed to be vacated by them and against which, order of demolition has been issued. He further submitted that on 12.06.2021, the Commissioner of the Corporation has directed the Executive Engineer of the Corporation to start demolition of the shops of the petitioners from 21.06.2021. Learned counsel drew the attention of the Court to the notices issued to them under Section 278(1) of the Bihar Municipal Act, 2007 (hereinafter referred to as the 'Act') to which the petitioners have responded. It was submitted that such notice envisages that the owner or the person interested may be given an opportunity to show that the premises in question which may be unsafe for habitation may be repaired to make it fit for such habitation. It was submitted that in the reply to the show submitted by the petitioners, they have taken a categorical stand that whatever repair work is directed to be undertaken, they are ready to execute the same to the satisfaction of the Authority of the Corporation. In this connection, learned counsel drew the attention of the Court to Annexure 10 of the Supplementary Affidavit in which they have categorically undertaken to get the repair work done at their cost under the supervision of the concerned authorities of the Corporation to make the premises safe for habitation or business purposes.

6. Learned counsel for the Corporation fairly submitted that in view of the legal provision, as enshrined under the Act, the authorities would consider the reply to the show cause as well as the undertaking filed by the petitioners. Learned counsel stated that a final decision will then be taken in the matter before ordering any precipitative action against the petitioners.

7. Section 278 of the Act is extracted below for ready reference:

'278. Power to order demolition of building unfit for human habitation.- (1) Where, upon information in his possession, the Chief Municipal Officer is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered fit, he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee or as a mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building