Chakradhari Sharan Singh, J. – The Bihar State Housing Board (hereinafter referred to as ‘the Board’) has filed this application for review of the order dated 15.09.2015 passed in C.W.J.C. No. 7885 of 2015 (Kumar Prashant vs. The State of Bihar and Others).

2. The writ petition, under Article 226 of the Constitution of India, in the nature of public interest litigation, was filed by respondent No.1 for restraining the Board from converting a plot, i.e., Plot No. PS-I in Sector-II of Bahadurpur Housing Colony, which was earmarked for a primary school, into a memorial park.

3. It was not disputed in the writ proceedings that in accordance with the lay out plan of the Bahadurpur Housing Colony of the Board, the plot, in question, was earmarked for a primary school. A counter affidavit was filed in the writ petition on behalf of the State of Bihar sworn by Jagat Paswan, an Executive Engineer under the Building Construction Department, Government of Bihar, stating that the Department was acting upon a proposal for setting up a park over the said Plot No. PS-I of Sector-II of the Colony in pursuance of the instructions received from the State Government communicated through letter No. 290 dated 27.04.2015, a copy of which was brought on record by way of Annexure-A to the writ petition. The said Annexure-A contained the minutes of the proceedings of a State level inter-departmental meeting held by the Chief Secretary of Bihar for taking decision for the purpose of installation of statue of great men and women of the country in their memory at various places. According to the counter affidavit filed on behalf of the State of Bihar in the writ proceeding, it was their stand that Bihar State Building Construction Corporation was raising a statue of a former Prime Minister of India in implementation of the decision taken in the said inter-departmental meeting.

4. It was argued in the writ proceeding on behalf of the petitioner, inter alia, that establishment of a primary school in the area was of immense public interest since within the said residential area, no government school has been established. It was also argued that keeping in view the interest of the residents of the area, adequate spaces have been earmarked in each of the Sectors of the Bahadurpur Housing Colony for establishing primary schools and so far as Sector-II of the colony is concerned, the said space was earmarked for construction of a primary school and also a high school. It was also argued that there has been mushroom growth of private schools in the residential area with no infrastructure and/or ambiance conducive for proper development of children because of the failure of the State Government in discharge of its duty to establish a good school, despite availability of adequate space in the area concerned and, on the other hand an attempt was being made to change the user of the space, which is unreasonable and would also diminish of hopes and legitimate expectations of the residents of the area for all times to come that there would be primary/high school in the locality with adequate infrastructure.

5. A stand was taken by the Board in its counter affidavit that the plots were advertised in the year 2008 inviting applications from desirous persons for raising educational institutions for the purpose of their allotment in which the cost of land earmarked for the primary school was shown as 6,55,53,784/-. It was the stand of the Board that it was quite unlikely that any private person would invest such a huge amount for establishing a primary school as value of the land in question was Rs.88,64,000/-. It was in that background that the Board had taken a plea that it was decided to raise a memorial park over the land by way of temporary measure in order to minimize the possibility of encroachment by unauthorised persons. After having noted the stand of the parties in the writ proceeding, this Court allowed the writ application with following observations and directio