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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ashwani Kumar Singh, Vikash Jain, Ahsanuddin Amanullah, Rajendra Kumar Mishra, Chakradhari Sharan Singh, JJ.
Suo Motu - Appellant
Versus
State Of Bihar - Respondent
Civil Writ Jurisdiction Case No. 6751 of 2021
Decided On : 03-08-2021
Key Points: - Point 1 (!) - Point 2 (!) - Point 3 (!) - Point 4 (!) - Point 5 (!) - Point 6 (!) - Point 7 (!) - Point 8 (!) - Point 9 (!) - Point 10 (!)
| Table of Content |
|---|
| 1. initiation of public interest litigation based on security concerns. (Para 1 , 2 , 3) |
| 2. claim of waqf properties based on historical usage. (Para 5 , 6 , 7) |
| 3. arguments regarding the approval process of building plans. (Para 14 , 17) |
| 4. discussion on the legal interpretations of relevant bye-laws. (Para 18 , 19 , 20) |
| 5. court's request for original documents for clarity. (Para 34 , 35) |
| 6. conclusion that structure must be demolished due to illegal construction. (Para 61 , 62 , 63) |
| 7. distinction between illegal and irregular construction. (Para 71 , 72) |
| 8. need for preserving heritage buildings in the context of urban development. (Para 77 , 96) |
| 9. reference to the parameters of consideration set by the chief justice. (Para 129 , 131) |
| 10. judicial discretion in ensuring compliance with bye-laws. (Para 162 , 168) |
| 11. final affirmation of structural invalidity and directive for demolition. (Para 233) |
JUDGMENT
Vikash Jain, J. - Noticing, during the hearing of Cr.W.J.C. No. 887 of 2013 and an analogous case on 01.03.2021, a huge structure being constructed in close proximity of the northern side of the newly inaugurated Centenary Building of the Patna High Court, this Court formulated the following questions in view of the serious security concerns posed by such construction, and referred the matter to the Hon'ble the Chief Justice for being taken on the judicial side -
1. Who is constructing the building and at whose instance it is being constructed?
2. Whether such person has right and title over the land on which the construction is being made?
3. Whether the map of the building has been duly approved by the Patna Municipal Corporation and the construction is in accordance with the approved plan?
4. What is the proposed use of the building?
2. The matter was registered as public interest litigation and directed by Hon'ble the Chief Justice to be placed before the present Special Bench for its consideration.
3. As observed above, the very purpose for taking up this matter was the serious security concern for Judges, lawyers, litigants, staff and security personnel alike, having regard to the close proximity of the structure to the High Court building. Accordingly, this Court in its order dated 15.03.2021 took note of the submission of learned Advocate General that the structure in question was about 40-42 feet in height and stood approximately 30 feet away from the boundary wall of the High Court building. This Court opined that such construction was in clear breach of Bye-law 21 of the Bihar Building Byelaws, 2014 ('the Bye-laws') which prohibits the existence of any building exceeding 10 feet in height within 200 meters radius of the boundary of important buildings including the High Court. Interim orders were passed to the effect that no such construction and related activities whatsoever shall be undertaken or continued without prior leave of the Court.
4. Affidavits have been filed on behalf of the Building Construction Department (Respondent No. 5), the Bihar State Sunni Waqf Board (Respondent No. 13), the Patna Municipal Corporation (Respondent No. 7), the Bihar State Building Construction Corporation Ltd. (Respondent No. 9), the Managing Committee of Waqf Estate No. 663 (Respondent No. 14) as well as the Minority Welfare Department (Respondent No. 4).
5. The broad facts may be culled out from the somewhat detailed affidavit filed on behalf of the Bihar State Sunni Waqf Board (for short 'the Waqf Board'). It has been stated that one Hazrat Jalaluddin Shah, popularly known as Hazrat Shah Syed Peer Murad Rahmatullah Alaih, a leading personality of the reformist movement in the State of Bihar, died a Martyr and was buried in the Qabristan during the 18th Century in what was then Village Maholi with a Muslim dominated population. Various sections of society started paying homage to the said departed saint at his Dargah. The adjoining land of the Dargah began to be used by local Muslims for the purposes of Mosque, Eidgah, Kh
AI
The petitioner has a remedy of appeal and the writ petition is dismissed.
The duty of municipal officers to take action against illegal and unauthorized structures, and the need for a well-considered approach by the Civil Court in dealing with applications for temporary in....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
Municipal corporations must follow legal procedures for demolition; illegal structures cannot be reconstructed even if demolished unlawfully.
If a matter is required to be done in a particular manner, the same has to be done in that manner or not at all.
The Tribunal has the authority to regularize minor violations of building regulations, and the High Court's supervisory jurisdiction does not extend to re-evaluating factual determinations made by lo....
A person responsible for unauthorized construction has no right to reconstruct the same after demolition and then apply for regularization.
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