KUMAR VIJOY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed by M/s Vijoy Singh and Rameshwar Prasad Sahu complaining that there is a colony which has been planned and executed by the Bihar State Housing Board, Patna known as Hanuman Nagar. The contention is that this was a planned colony developed by a public sector housing corporation. There have been encroachments on the public road which is east of the colony constructed by the Bihar State Housing Board, Patna. The High Court had issued notice on the petition. The fact that on the public road, east of the colony as well as on the flanks of the road constructions have been made, was accepted by the State respondents.

(2.) THE defence being offered in the writ petition is that those who had occupied the public road with construction thereon were already under a notice to vacate the encroachment and that an alternative area was being located for the occupiers. It is relevant to know as to who the occupiers are ? It is on record that the District administration had shifted a police station on the public road. It was being explained to the Court that what was occupied was in fact a community hall. It was further being explained that the community hall was on the road side. The question is what is a public road ?

(3.) /1/2013 Page 106 side of the flanks of the road i.e. the road side is a building measuring 8 '6"/3 '6". The respondents claim that this was a community hall. Would a building which is virtually the length of a man with his hands raised up, good for a community hall ? Whether the entire community of the housing colony will be able to transact its community business in a space less than 30 square feet. The existence of the main building which was on the road itself cannot be explained. Murari Krishna Prasad Sinha Versus State Of Bihar