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1999 DIGILAW 707 (PAT)

Amrendra Narain Singh v. State Of Bihar

1999-08-04

AFTAB ALAM

body1999
Judgment 1. This batch of cases come to this court from the controversy arising from the steps taken by the Patna Regional Dev. Authority to demolish houses or portions thereof with the object of widening the lanes in the Mohallas of East and West Lohanipur. These two Mohallas are among the relatively older localities of the town where the houses came up like mushrooms without any order of planning. Some of the houses which are under threat of demolition are said to have been constructed in the 1st or the 2nd decade of this century when according to their owners there was no statutory requirement for obtaining sanction for contructing a house in that area. There are of course a large number of other houses which are not so old; some of them might have been constructed on the basis of some sanctioned plans; others were constructed either without a sanctioned plan or in deviation from a sanctioned plan if there was one at all. The result, as would not be far to imagine, is a maze of narrow lanes some of which are so narrow that no motorised vehicle can pass through them; some lanes are admittedly as narrow as under 10 in width and it is reported that even a cycle rickshaw might enter there with difficulty. Water logging is also reported to be a chronic problem. 2. The Patna Regional Dev. Authority (the Authority hereinafter) has undertaken the herculian task of widening the lanes of this locality. The Authority is acting in compliance with the direction given by this court from time to time in different cases (e.g. CWJC No. 2290/1990 Arun Kumar Mukherjee V/s. State of Bihar; CWJC No. 1237/1997 : Dayamanti Devi V/s. State of Bihar and others; CWJC No. 1271/1997 : Parbhawati Shukla and another V/s. State of Bihar and more recently and having a direct bearing on this matter in CWJC No. 1363/1998 : Chandramauleshwar Singh V/s. State of Bihar and others. 3. Although no exception can be taken to the efforts of the Authority to widen the lanes of the locality so as to bring them upto a width of 20, what is objected to by the petitioner, and quite vehemently too, is the mechanical manner in which the Authority has proceeded in this matter. 3. Although no exception can be taken to the efforts of the Authority to widen the lanes of the locality so as to bring them upto a width of 20, what is objected to by the petitioner, and quite vehemently too, is the mechanical manner in which the Authority has proceeded in this matter. The manner in which the Authority has proceeded is likely to cause great hardship to the individual house owners and in likely to lead to some highly unreasonable, unjust and unfair consequences. The Authority seems to proceed on the premise that all lanes in the locality must be widened upto 20 regardless of the fact that some of the houses that might be coming in the way were constructed on the basis of duly sanctioned plans and further regardless of whether in the process of widening the entire house (even though constructed without a sanctioned plan) might have to be demolished. Proceeding from that permise the Authority, as is its wont has put marks on the houses indicating the extent to which those houses are to be demolished. It is reported that in some of the cases the extent of demolition is so deep that the entire house may have to be pulled down as a result of the demolition. The manner in which the Authority is proceeding can hardly be appreciated. After all the widening of lanes cannot be realised by razing to the ground a large number of houses in those two Mohallas. 4. in course of submissions, counsel appearing on behalf of the parties, namely, Mr. H.S. Himkar for the Authority, Mr. Sanjay Singh, S.C. IX appearing for the State and the different counsel, including Mr. Ram Suresh Roy and Mr. Hare Krishna Kumar appearing for the petitioners in the batch of cases agreed that a more reasonable, viable and practical approach was required to be taken in this regard. While all concerned are in agreement that it is paramount that the lanes of the locality be widened upto 20 or as near it as may be practicable, there was also a general agreement that this object should be achieved by trying to cause as less damage to the individual house owners as possible. While all concerned are in agreement that it is paramount that the lanes of the locality be widened upto 20 or as near it as may be practicable, there was also a general agreement that this object should be achieved by trying to cause as less damage to the individual house owners as possible. The parties were also in agreement that a committee should go into this question and try to evolve a scheme for the widening of the lanes in this locality which might be acceptable to all concerned. 5. This Court feels that this matter is hardly to be treated as an adversarial litigation between the parties and it appreciates the concern shown by every one to achieve the main object and at the same time to try to cause the minimal damage to house owners of the locality. This Court, therefore, accepts the submission made on behalf of the parties to constitute a committee which may visit the locality, interact with the house owners and the local residents there, go into the different aspects of the matter and submit a scheme, for the consideration of the court, for widening the lanes of the locality preferably upto 20 or as near as it as possible with the least damage to the houses situate there. The Committee would first consider whether such proposal is practical and feasible for the locality and then suggest the means for realising the object. 6. The Committee would consist of the Director, Town Planning & Maps, Patna Regional Dev. Authority and two other senior officers with technical knowhow nominated by the Vice Chairman of the Authority. In addition to them, Mr. Ram Suresh Roy, Senior Advocate, Mr. H.S. Himkar and Mr. Sanjay Singh, Advocates would also be the members of the Committee. Mr. Himkar who is in a position to liason between the Authority and the other two members will act as the Member Secretary for fixing the date of meetings etc. He will inform the other members in the regard. The Committee will start functioning immediately and submit its report to the court within one month from today. 7. The petitioner in each of tne ten cases will deposit a sum of Rs. 1000/- for each case with Mr. Himkar. He will inform the other members in the regard. The Committee will start functioning immediately and submit its report to the court within one month from today. 7. The petitioner in each of tne ten cases will deposit a sum of Rs. 1000/- for each case with Mr. Himkar. This amount will go towards the expenses incurred by the three lawyer members and the balance, if any, will be equally shared by them as honorarium. The expense incurred by the three members from the Authority will be borne by the Patna Regional Dev. Authority. Put up these cases in the week of September 13,1999. Let a copy of this order be handed over to Mr. H.S. Himkar, Mr. Ram Suresh Roy and Mr. Sanjay Singh.