Rajiv Roy, J. – Heard Mr. Y.V. Giri, learned Senior Counsel for the petitioner, Mr. Anshay Bahadur Mathur, learned Counsel for the Railways as also Mr. Yashraj Bardhan, learned Counsel appearing on behalf of the Patna Municipal Corporation. Later this Court also took assistance of Mr. Prasson Sinha, Retained Counsel for the Patna Municipal Corporation.

2. The present petition has been preferred for the following reliefs: –

(i) to issue an appropriate writ /order/directions in the nature of certiorari for quashing the notice vide letter no. 706 dated 19.01.2019 issued under the signature of the Municipal Commissioner, Patna Municipal Corporation (henceforth for short ‘the PMC’) issued under sections 324(1) and 323(1) of the Bihar Municipal Act, 2007 by (henceforth for short ‘the 2007 Act’) which he has been directed to stop the construction of the multifunctional complex at Patna Sahib Railway Station till next order and further asked to reply as to why necessary action under Section 323 of ‘the 2007 Act’ be not be taken for demolition of the said construction on ground of violation of its sections 313 & 315 (Annexure-5);

(ii) to issue an appropriate writ /order/direction in the nature of certiorari for quashing the site verification report vide letter no. 19 dated 16.01.2019 by which it has been held that prima facie the construction made by the petitioner is in violation of Bihar Building Bye Laws (Annexure- 5A);

(iii) to issue an appropriate writ /order/direction in the nature of certiorari for quashing the letter no. 170 dated 19.01.2019 issued by the Police Inspector- cum- Officer In-charge, Chowk Police Station, Patna City by which in the light of notice no. 706 dated 19.01.2019, the petitioner has been directed to stop any further construction till next order (Annexure-6);

(iv) to issue an appropriate writ /order/direction in the nature of certiorari for quashing the notice no. 26 dated 21.01.2019 issued under the signature of the Executive Engineer, Patna City Division, Patna Municipal Corporation, Patna by which in terms of notice no. 706 dated 19.01.2019, the petitioner has been directed to stop the construction work and to respond within 15 days before the Municipal Commissioner, Patna (Annexure-7);

(v) to issue an appropriate interim/ex-parte interim order during the pendency of the writ petition allowing the petitioner to proceed with the development and construction of the multi-functional complex located at Patna Sahib Railway Station and prevent the respondent from taking any further coercive action.

3. The matrix of facts giving rise to the writ petition is/are as follows: –

4. As per the writ petitioner, the Parliament has enacted a law to consolidate and amend the law relating to the Railways called the Railways Act, 1989 (henceforth for short “the Central Act”).

5. Chapter-II A has been inserted in the said ‘Central Act’ by amendment Act, 47 of 2005 with effect from 30.08.2006 and in terms of section 4A therein, and the Central Government has been empowered to establish an authority by notification to be called the Rail Land Development Authority (henceforth for short “the RLDA”) to exercise the powers and discharge the functions conferred on it by or under this Act.

6. The Central Government thus constituted “the RLDA” in exercise of power under section 4A read with section 198 of ‘the Central Act’ vide notification dated 04.01.2007 called the Rail Land Development Authority (Constitution) Rules, 2007 (henceforth for short the “2007 Rules”).

7. In terms of Rule 2(e) of ‘the 2007 Rules’, “the RLDA” has been defined to mean Rail Land Development Authority established under Section 4A of the Central Act.

8. Further, in terms of Rule 5 of “the 2007 Rules”, ‘the Authority’ is entrusted with the property by the Central Government for development of railway land as it may deem fit. Section 11 (d) read with (da) & Section 4D(2)(1) of ‘the Central Act’ empowers the Railway Administration for the purpose of constructing or mai