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K. VINOD CHANDRAN, HARISH KUMAR
Santosh Kumar Son of Shiv Bahal Singh – Appellant
Versus
State of Bihar through the Additional Chief Secretary, Department of Panchayati Raj – Respondent
JUDGMENT :
Harish Kumar, J.
Heard the parties.
2. The petitioner while invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India has filed the writ petition by way of Public Interest Litigation, seeking a direction upon the State Government and its authorities to consider for construction of Panchayat Sarkar Bhavan at Revenue Village Khaira under Prakhand and Anchal-Ben, District Nalanda, strictly under the guidelines issued by the Government of Bihar, Patna.
3. It is contended on behalf of the petitioner that under the Gram Panchyati Raj Khaira, there are altogether thirteen villages and the village Khaira is a Revenue village, bigger than any other village under the Gram Panchayat. Despite availability of several suitable lands under the Revenue village Khaira, the respondent authorities propose to construct Panchayat Sarkar Bhavan of Gram Panchayat Khaira in village Dharni Bigha, in the premises of school of Dharni Bigha.
4. Submission has been made that the respondent authorities started construction contrary to the guidelines issued by the Department of Panchayati Raj, Government of Bihar, Patna which prescribes the modes of selection
The selection of the site for the construction of a Panchayat Sarkar Bhavan is under the exclusive jurisdiction of the Gram Panchayat and the State Government, and the court will not intervene in suc....
Policy decisions regarding government building construction are not subject to scrutiny under Public Interest Litigation.
The decision on construction sites by governmental authorities is a policy matter, not open to judicial review unless mala fides are present.
The court will not interfere with the decision of the State authorities regarding the construction of public buildings unless there is evidence of malafides or violation of statutory rules.
The court emphasized that new issues cannot be raised in a writ petition that were not raised before the lower courts, and the court cannot adjudicate the appropriate location for the construction of....
Judicial intervention in administrative decisions regarding public utility construction is restricted to instances of legal violations or malafides.
Judicial review of administrative decisions related to the construction of public utility buildings is limited to cases of flagrant violation of law/rules or malafides.
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