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Patna High Court · body

2001 DIGILAW 929 (PAT)

R. Usha v. State Of Bihar

2001-10-01

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2001
Judgment 1. Six buildings had been earmarked by the respondents and are referred to in the order of 28 September 2001. 2. Mr. Jitendra Singh, counsel for the Patna Municipal Corporation, has stated that he has given to the Court Master the holding numbers of four buildings and of the other two will be supplied during the course of the day. 3. Today, in pursuance of the directions of the court learned counsel for the State G.R 9 has placed details of measurements taken of the set backs from the centre of the road at the six points along the Bailey Road. It has been indicated that item no. 3 has crept in by an error as in the context of the order of 28 September 2001 (Text of Order dt. 28th September, 2001 is being printed at the end of this order), it should have been the set back of Patna Womens College mentioned at item no. 2 in the order aforesaid. 4. A plain reading of the entries of the six buildings when taken into account (reference order dated 28 September 2001) (Text of Order dt. 28th September, 2001 is being printed at the end of this order) then the distance of the buildings from the centre of the road clearly reveal an indication. Such of those buildings which may have been used for residences, and these are pointed out as premises mentioned at item no. 1 (Municipal Survey No. 470/139) and premises at item no. 2 (Municipal Survey No. 233/60) the set backs are less than public buildings. It is clear that all public buildings have their set backs more than the residential buildings. For instance, the High Court has been set back from the centre of the road at 173.6". the distance of the buildings opposite, the Patna Womens College is not less than that. The buildings known as Gardiner State Hospital has been set back to 170 from the centre of the Road. The buildings opposite known as Sahay Sadan is 201. 5. While the respondents are still searching for their buildings bye-laws which they cannot seem to be locate and the set backs are being measured without the bye-laws, this clearly is a reverse way of finding the misplaced bye-laws. This is like digging into an archaeological site to discern how this section of the city was planned. 5. While the respondents are still searching for their buildings bye-laws which they cannot seem to be locate and the set backs are being measured without the bye-laws, this clearly is a reverse way of finding the misplaced bye-laws. This is like digging into an archaeological site to discern how this section of the city was planned. By now it is clear that those incharge of city planning do not find it convenient to locate the bye-laws. Instead they would rather re-measure previous habitat controlling distances. On record are the measurements which have been taken by the Superintending Engineer, Central Circle, Road Constructions Department, Patna. 6. Before this urban area deteriorates further a retrievable plan will need to be chalked out for the drainage system, the sewerage system, the drinking water supply system, of reallocating the footpaths, the curb on the road, all of which appear to have disappeared as if urban planning discipline could be violated at anybodys will. But there is an obligation on the respondents and on the court not to overlook the concept of inter generation equity to foresee the future and ensure that the generation hereinafter gets a safer city to live in a civic city with civic amenities for civic citizens. Let further damage not be done otherwise it will not be possible to keep up the standards in protecting conforming areas of the city and resurrect, repair, maintain and identify the storm-drains, the public sewerage system and the municipal water supply lines. The court has already been addressed that these standards already stand abdicated under the cover of lost plans and regulations, both. It needs to be kept in mind, that storm-drains, sewage pipes, municipal water supply lines have a common factor in hydraulic engineering. Drains, sewage pipes and water supply lines are laid in a straight line and do not suffer obstructions if they are meant to function. Buildings which are erected alongside of a public road affect the aforementioned public facilities and essential services if building concepts are violated. Running a city without respecting conforming areas is a dangerous trend and will ultimately ground and collapse the city. 7. The respondents are being difficult in indicating to the court their buildings bye-laws and the laws which permit the laying out (or had permitted when the city was being laid out) and passing of sanctioned plans. Running a city without respecting conforming areas is a dangerous trend and will ultimately ground and collapse the city. 7. The respondents are being difficult in indicating to the court their buildings bye-laws and the laws which permit the laying out (or had permitted when the city was being laid out) and passing of sanctioned plans. How are buildings plans passed or rejected or compounding charges levied or buildings marked for demolition? 8. To prevent further damage, until further orders all construction work on the entire stretch of the public street, the Bailey Road within 110 (feet) from the centre of the road on either side shall remain stayed and this will be ensured by the respondents, their agents and assigns. No map for construction within this stretch of the area will be passed. 9. The respondents will now indicate to the court the Bailey Road as the law strictly obliged them to protect and maintain and for its restoration with stricter parameters as Patnas urban area by law has changed from a municipality to a corporation. A clear acceptance that the population density on this metropolis has increased manifold. Thus the following measures need to be taking into account and plans made acocrdingly : (a) The street alignment is in a straight or a gentle curve natural to the road and the set backs, from the centre of the road, as indicated in the details given to the court in column 3, are maintained. Buildings eclipsed by a 110 (feet) distance on either side of the road are to be identified. (b) The storm-drain will be planned so that they run contiguous to the boundary alignment of the six properties shown and measured, reference order dated 28 September 2001. (c) The flanks/footpaths/side walks will run parallel in a straight line between the storm-drain and the carriage width of the metal road. (d) At any intersection of the Bailey Road, a diameter of 100 meters from the centre of the road will be planned as a protected area and set backs laid so that there is no blind spot or obstruction to sight. Minimum frontage and set back off this circumference is to be maintained at 110 (feet) The survey plan be placed before the court on 11 October 2001. 10. Put up on 11 October 2001 under the same heading. Text of order dt. Minimum frontage and set back off this circumference is to be maintained at 110 (feet) The survey plan be placed before the court on 11 October 2001. 10. Put up on 11 October 2001 under the same heading. Text of order dt. 28.9.2001 (A) No situation has been remedied or reprieved. None of the State respondents can give to the Court, even as of aate, the setbacks of Bailey Road (a road selected by the respondents as the model road along with model area reference order dated 18 July 2001). By now, the presumptions are gradually getting clear why the Court is not being indicated the dimensions of a public road which are supposed to be the part of public records with the erstwhile Municipality, the Improvement Trust and now the Patna Regional Development Authority, which claims itself to be the urban habitat disciplinary authority, together with State. At present, under the circumstances, the Court has been left with no option but to give directions to have the setbacks measured off the oldest buildings on either sides of the, Bailey Road. This has to be done since the respondents are supposed to be searching for their regulations which had prescribed the set backs and the street aligment. The map of this sector, it Is contended in concert, is under search. Thus, let the set backs of the following old buildings identified by counsel for respondents be measured from the centre of the road. (Direction West to East) (1) High Court (South) (2) Patna Womens College (North) (3) Gardiner State Hospital the oldest Section (South) (4) Sahay Sadan (North) (5) Red Building, Imam Trust (South) (6) Office of the District Inspectress of Education (North) The set backs of the original boundary wall of these buildings will also be indicated to the Court. Municipals survey numbers of these buildings will be indicated to the Court. Put up on Monday, i.e., 1 October 2001 (B) On behalf of the Patna Municipal Corporation an affidavit has been filed giving a report on the State of the quality of water on samples drawn from 42 different localities of Patna Municipal area. Let this be placed on record.