ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE HARISH KUMAR)

Date : 06-04-2023 The petitioner claiming to be a public spirited person agitating the action of the respondents in Public Interest for protection of Zinda Shah Saheed Baba Mazaar from its demolition and relocation.

2. It is submitted at the bar that there is an old and historical Mazaar of Zinda Shah Saheed Baba situated at Kayamnagar, Bhojpur on the four lane of National Highway No. 30 and 84 connecting Koilwar to Bhojpur. The local public of all communities pay great respect to this old and historic Mazaar Sharif since long time. However, on account of approval and ongoing construction of the aforenoted four lane National Highway 30 and 84, the authorities are bent upon to shift/relocate the Mazaar, in question, despite several representations before the competent authorities with a request to protect it and not to disturb the same.

3. The petitioner surprisingly by way of the Public Interest Litigation also challenging the notice dated 16.09.2022 issued by the District Magistrate, Bhojpur directing to relocate /

shift the Mazaar before this Court.

4. Learned counsel for the petitioner also submits that the Mazaar is not a religious place, rather it is a place where a departed pious soul is buried, in such circumstances, it is quite inhuman to disturb or to change the location of the Mazaar. However, the petitioner is not opposed to construction of National Highway, but is only concerned with the religious sentiments of the people at large and moreover when alternative measures are available like to make Diversion, Golambar or Flyover, the respondents should take steps to protect the sentiments of the followers from all faiths and religion. It is lastly submitted that the Mazaar, in question, is a Waqf property and without having any permission from the Bihar State Sunni Waqf Board, it cannot be demolished or shifted to any other place.

5. This Court after taking note of the aforenoted submissions requested all the concerned to convene a meeting so that a consensus may be arrived at amongst the stakeholders.

6. A counter affidavit has been filed on behalf of respondent no.7. Referring to the statements made in the counter affidavit, learned counsel for the State submitted that a meeting of all stakeholders, including learned Advocate for the petitioner and local community member, were called for by the Collector, Bhojpur and the same was held on 06.03.2023 so that after proper discussion and deliberation a consensus may be arrived at for the peaceful shifting of the Mazaar situated at Kayamnagar. The proceeding of meeting, as contained in Memo No. 194 dated 07.03.2023 has been brought on record.

7. From perusal thereof it appears that no consensus could be arrived at as the local people and its leader as well as learned Advocate for the petitioner were not ready for shifting of the Mazaar. The petitioner submitted his option in order to save the Mazaar being shifted to different place viz. Change in alignment, construction of Golambar, construction of Flyover and slope down the Mazaar. The authorities of the National Highway Authority of India, who were also present in the meeting have not found the option provided by the petitioner feasible, as the existence of the Mazaar, in question, falling in the alignment is causing great inconvenience and hindrance to the movement of traffic on the National Highway, which is High Speed Corridor and due to the structure, in question, it has become accident prone. Hence, the submission has been made on behalf of the respondents that there is no option but to shift the said Mazaar, as has been done in cases of large number of religious structures, which have been shifted earlier in this project.

8. At this stage, this Court thinks it apposite to state here that in a matter, dealing with the four lane Koilwar-Bhojpur National Highway NH 30 and 84 in C.W.J.C. No. 8344 of 2021 has directed the respondent authorities concerned to ensure that