Order We are sorry to notice that the orders of this court which are meant to be obeyed by the authorities that be, are observed only in their breach. We are constrained to say so because it is not any individual, authority who is guilty of not obeying the orders of this court. We say so because the entire government machinery has defied the orders of this court and failed to implement the orders. We feel that a stage has been reached when we must sound a note of caution and remind the authorities that be, that the State machinery has to function in accordance with the provisions of the Constitution and under the Constitution, orders passed by this court are to be obeyed by the authorities and where they affect private citizens, the authorities are expected to act in aid of the orders of this court. If the authorities of the State of Bihar ignore the orders of this court or defy the same, it would be difficult to contend that the administration is being run in accordance with the provisions of the Constitution, because there is a designed effort on the part of the State authorities to defy the orders of this court. After a matter is decided by this court, this court is not expected to monitor the execution of the order day-to-day because the authorities are expected to act in accordance with the same without any interference by a court of law. Administration has to be run in accordance with the provisions of the Constitution by the Government of the State, and it is too much to expect this court to run the administration of the State, because this court is neither expected, nor equipped with the machinery, to enforce each and every order of this court. If the authorities who are required to implement the orders of this court refuse or fail to implement the same, it would certainly amount to failure of the constitutional scheme and a break down of the administration. 2. In this batch of writ petitions which have been filed in public interest, we have passed orders from time to time regarding removal of encroachments. Apart from the capital city of Patna, in other cities as well, there is large scale encroachment of public lands, public roads etc.
2. In this batch of writ petitions which have been filed in public interest, we have passed orders from time to time regarding removal of encroachments. Apart from the capital city of Patna, in other cities as well, there is large scale encroachment of public lands, public roads etc. and apart from impeding free flow of traffic, such encroachments generate a very large quantity of filth which makes life unhygienic, and the people living in such localities, who are also respectable citizens of the State are compelled to lead a life of animals. Apart from the above, they block the sewerage system wherever it is provided. When we passed the orders initially, the District Magistrate, Patna took steps to get the encroachments removed to some extent and the Patna Regional Development Authority also took steps to remove encroachments from the localities falling within its jurisdiction. At many places, the P.R.D.A marked the encroached portions for demolition, but thereafter it developed cold feet when it came to dealing with important persons. The result is that while weaker sections of the society were compelled to remove the encroachments, those who claimed high status in the society have continued their encroachments. Some of them were high officials of the Police department of the State of Bihar and some had held important administrative posts. We do not wish to name them. 3. However, under the pressure of this court's order, encroachments were removed to a great extent. This court also passed directions that the officer-in-charge of each police station shall be entrusted with the responsibility to see to it that encroachments do not reappear at places from where they had been removed. A direction was also issued by this court that many places of worship were being erected on public land and public roads and that further construction of such places of worship should be checked. We had also directed the district administration to follow the directions of this court, but our successive orders and warnings have fallen on deaf ears and most of the encroachments have reappeared, while the police as well as the district administration and the State Government have not raised even their little finger in the matter. As citizens of the State all of us can see for ourselves that such encroachments have reappeared and the filth generated by such encroachments has acquired unbearable proportions. 4.
As citizens of the State all of us can see for ourselves that such encroachments have reappeared and the filth generated by such encroachments has acquired unbearable proportions. 4. Similarly we had issued directions with regard to the regulation of traffic. Any number of vehicles can be found fitted with beacon lights, and it is a well known fact in this State that such beacon light fitted vehicles are being misused by criminals to commit offences. These beacon lights were to be removed from the vehicles of the persons who were not authorised to affix the same. The government, as if, offended by such orders, issued a notification granting privilege of fixing beacon light to a large number of persons with the result that any number of vehicles in the State carry beacon lights. Beacon lights are to be fitted on the authorised government vehicles and not on private vehicles, but since it is taken as a status symbol, most of the persons who have some standing in society claim to be V.I.Ps. Therefore a large number of vehicles in the State can be found to be fitted with beacon lights. The police authorities have taken no steps to get the beacon lights removed from unauthorised vehicles. There is another feature also which requires to be noticed. A large number of vehicles carry boards on them disclosing the office which the owner of the vehicle holds. We have seen vehicles with boards such as "Settlement Officer", "Member Bihar State Bar Council". etc. There are any number of vehicles which carry such boards disclosing that the vehicle belongs to a Member of Legislative Assembly or a Member of Parliament. The Motor Vehicles Act does not permit display of such boards on the vehicles. The administration has not taken any step to get the boards removed despite the orders of this court. 5. Similarly, regulation of traffic in the f city leaves much to be desired and one has to make a herculian effort, at the Patna Railway Station to seek entry to catch a train. Specific orders had been issued in that regard to the Traffic S.P., Patna, but we are sorry to say that those orders have not been obeyed. 6. In sum and substance, all the orders passed by this court have been disregarded by the authorities of the State.
Specific orders had been issued in that regard to the Traffic S.P., Patna, but we are sorry to say that those orders have not been obeyed. 6. In sum and substance, all the orders passed by this court have been disregarded by the authorities of the State. The attitude of the authorities virtually throw a challenge to the authority of this court, and in effect they have made it clear that they do not bother about the orders which we pass. Otherwise, such disobedience of the orders of this court in an organised manner could not have taken place. 7. The Khatals, which were ordered to be removed are still there, and some of them on the main roads of the city, creating such an amount of filth that it is not possible for any person to reside in the locality, because of the stench that emanates from the heap of cow dung heaped on either side of the roads, and on the road itself at many places. 8. We are left with no option but to issue this last warning to the district authorities and to the State Government. We, hereby direct that: (1) Within two weeks from today all encroachments from public roads, flanks and public lands such as parks, green zone etc. should be removed. (2) All encroachments which have reappeared should also be removed within the same period, and the Suptd. of Police of each district will call for a report from the officer-in-charge of the police stations about the compliance of this order, who in turn will submit a report to this court. (3) The Suptd. of Police, Traffic, Patna is directed to post sufficient number of constables as also a supervisory police officer, at all points where traffic jams occur, particularly at public places such as Rly. Stations etc. so that free flow of traffic is maintained. (4) We direct the traffic S.P. wherever such post exists, and Superintendent of Police in other districts, to remove the beacon lights from unauthorised vehicles and also to remove all boards which are being displayed on the vehicles unauthorisedly. This will not include such boards which signify that the vehicle is a government vehicle or a staff car of the government or any State organisation.
This will not include such boards which signify that the vehicle is a government vehicle or a staff car of the government or any State organisation. (5) The District Magistrate of the respective districts shall see to it that all Khatals are removed from public roads, public lands, particularly from the flanks of the roads, parks and green zones and also from private lands if they are unauthorised and contribute to creating unhygeinic conditions in the locality. (6) The District Transport officers or the concerned authority in the districts shall check all public vehicles and take action against those who are not carrying valid documents of registration, insurance etc. Driving licence of every driver of public vehicles are also to be checked and necessary action taken against those who are not found in possession of the driving licence. 9. Let a copy of this order be given to learned A.A.G.3, who shall communicate the same to the concerned authorities of the State of Bihar who in turn will communicate to all the District Magistrates, Superintendents of Police and other officers of the State to implement this order within two weeks from today. Except in cases where judicial orders have been passed by the courts, the order shall be implemented against all other encroachments. 10. The next issue which we wish to take up today is the question of erection of places of worship all over the State of Bihar. Unfortunately a picture is painted that Gods have become the biggest encroachers but the fact is that it is only a garb to encroach upon public land by unscrupulous persons who grab the lands in the name of God. Apart from grabbing the lands for their own residence, encroachment is also beneficial in the sense that it provides them a source of income. We have noticed that at busy points, and also on the highways at convenient places, places of worships have been erected and on the roads speed-breakers in the middle of the road have been built so that passing vehicles may stop there because of the speed breaker. These speed breakers which compel the vehicles to stop are being utilised by unscrupulous persons to extract money from occupants of the vehicles. This is nothing short of extortion. The State Government must take notice of this fact. 11.
These speed breakers which compel the vehicles to stop are being utilised by unscrupulous persons to extract money from occupants of the vehicles. This is nothing short of extortion. The State Government must take notice of this fact. 11. It is also noticed throughout the State of Bihar that many unscrupulous, persons carry fire arms and other weapons and go from house to house and shop to shop extorting money from shop keepers and house owners, in the name of Puja. Despite the fact that the local police is fully aware of such persons and activities, no action is taken against them. It is a matter of pity that under a Constitution which guarantees liberties and freedoms and a right to life, the citizens have to live under the shadow of fear of death, because it is not known when one may be confronted with such criminals who may go to any extent to extort money from hapless citizens. 12. Illegal erection of such places of worship is sought to be justified on the ground that citizens have a right to erect such places of worship at any place because of the freedom enjoyed under the Constitution. This is a misconception, and while every citizen has a freedom to practice his own religion or faith, he has no right to erect structures in the name of religion in an unauthorised manner on public land and public road. At one stage we had directed the District Magistrate to issue notices calling upon the concerned persons to explain under what authority they had raised the structure. The District Magistrate had informed us, that notices had been pasted on most of the places of worship and in most cases it was stated that the place of worship has been erected from public contribution. We therefore, directed the Hindu Board of Religious Trust to consider the take over of management of all such temples which have been constructed with public money on public land because they would be a public trusts within the meaning of the Act. We had also given similar direction to the Waqf Board in regard to Mazars etc. erected on public lands and public roads. We have not heard anything from the Government as to what action has been taken by these two Boards and also what action has been taken to remove such encroachments. 13.
We had also given similar direction to the Waqf Board in regard to Mazars etc. erected on public lands and public roads. We have not heard anything from the Government as to what action has been taken by these two Boards and also what action has been taken to remove such encroachments. 13. We, therefore, call upon the State to file a clear affidavit as to what steps have been taken to remove the unauthorisedly constructed places of worship which have been illegally erected on the public roads or its flanks or on public land. We also direct the State to immediately frame a scheme so that these illegal structures may be removed, and the deities installed therein may either be removed by the persons who have installed them or other appropriate steps may be taken so that religious sentiments are not hurt. 14. We expect the State of Bihar to file a clear affidavit within three weeks from today. 15. Let this matter come up on 30.10.98, under the same heading.