AMRENDRA NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS batch of writ petitioners relates to the matter of removal of encroachments in Lohanipur which is one of the most thickly congested quarters of this town where, over a long period of time, residential structures have been allowed to mushroom in a thoroughly unplanned and disorganized manner. There are no proper streets or lanes and there is o drainage system worth the name. During the monsoon months every year rain water with factual matter and all kinds of imaginable filth accumulates on lanes and by lanes and then enters into residential houses and stagnates there for days and weeks. People live there under sub human conditions. In fact, Lohanipur Mohalla is a glaring example of the Object failure of the agencies/bodies entrusted with the task of overseeing a planned and organized development of this town.

(2.) IT was in this background that under directions given by this Court in some P.I L.S. the Patna Regional Development Authority took up the difficult exercise of removal of encroachments from the lanes and by-lanes of Lohanipur. As it was bound to happen, a number of cases came to this Court either trying to resist the action(s) of the Authority or seeking a direction to the Authority to expedite the procedure of removal of encroachments at Lohanipur. All those cases were consolidated together to make this batch and were heard together.

(3.) IN the final report, the Committee has identified, apart from Prithvi Raj Path two other main lanes in Lohanipur namely Kathpul Road and Hunder Road. IN addition to these, there are seven by-lanes but the condition of those by-lanes is quite pathetic and the by-lanes appear to be almost beyond redemption. For the present, therefore, the Committee has discussed in its report the condition of the two main lanes namely, Kathpul Road and Hunder Road and some other allied problems in the area. This Court also proposes to leave aside the seven by-lanes for the present and to give necessary directions in connection with the two other main lanes (Kathpul Road and Hunder Road) and the other allied problems in the area as indicated in the Committee's final report. Kathpul Road: This Road was identified by the Committee on the basis of the municipal map and it appears that in the municipal map itself it is shown as a rather narrow, meandering lane with varying widths at different points. For example, at one point its width is shown to be 37, but on a number of other points it narrows down to 18'-20' and at yet other points it further constricts to 9, 8' or even 7'. This is according to the Municipal map. IN reality, however, the width of Kathpul Road hardly conforms to what is shown in the map. At some points, it is, in fact, wider than its width as shown in the Municipal map but at many other points, it has a much reduced width than what is shown in the Municipal map. From the report, it appears that at no point, the road is wider than 20', at most of the points its width is about 14', 15' or 16' and at some points it narrows down to 8, 3' or 9'.