SUMAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition in the nature of a public interest litigation has been preferred by a public spirited resident of Patna for appropriate directions to construct and complete a 40 wide public road, being part of the master plan prepared by the Patna Improvement Trust connecting Dak Bunglow Road (north -south) near a shop known as Light House to station road on south side through Bandar Bagicha, running west of the jail and parallel to the Fraser road (hereinafter referred to as the ''marked road ''). During the course of arguments, further pleadings were brought on record giving rise to one more relief, namely, proper utilisation of the lands on which the quondam Bankipur Central Jail exists, and the land adjacent to the same proposed to be named Chandralok. The original files relating to the issues in hand have at our behest been produced before us.

(2.) WE have heard learned counsel for the petitioner, the learned A.A.G.III, and the learned Government Advocate on behalf of the State at length on various dates. We shall deal with the second relief first. The land on which the quondam Bankipur Central Jail is constructed and the adjoining government lands seems to cover an area of about 26.23 acres of lands. The same is Khas Mahal land, and has without doubt to be utilised for the largest public good in view of the realities obtaining in the township of Patna in general, and the areas surrounding the lands in particular. It appears from the original records that at the meeting presided over by the Chief Secretary held on 21.11.1998, it was decided as follows: (i) Out of the 26.23 acres of land a major portion shall be transferred for commercial constructions to the Patna Regional Development Authority (hereinafter referred to as 'the P.R.D.A. ') under the Stamp Act. (ii) The P.R.D.A. shall pay annual rental to the Bihar Government, and (iii) The State Government shall retain the remaining land for public purpose. The same was approved by the Chief Minister on 9.12.98. It appears that the State Government started having second thoughts about the aforesaid decision for various reasons and led to expression of different views in the file. The cost of land was tentatively valued at Rs. 98 crores. The Finance Commissioner recorded his note dated 29.1.99 that the P.R.D.A. may not be able to pay that much of amount to the State Government. He, therefore, suggested that no part of the lands may be transferred to P.R.D.A. under the Stamp Act, and instead P.R.D.A. may be allowed user of the same. It appears from the note dated 3.7.99 recorded by the Secretary, Department of Urban Development, that he had been directed by the Chief Minister and the concerned Minister that lands should not be transferred to the P.R.D.A. and instead it should be directed to prepare a beautiful plan for construction of a market place comparable to Cannaught place and Palika Bazar of New Delhi with particular emphasis on greenery and open area. It appears from the note dated 26.7.2000 of the departmental Secretary that it was decided as follows at the meeting presided over by the Chief Secretary held on 21.7.2000:

(3.) THE net result of the governmental decision is that the land in question is sought to be utilised for construction of a new jail. The south -west portion of the New Market next to Bankipur jail, to be named Chandralok, may be cleared of the shops and encroachments and the lands may be utilised for widening of the road and for creation of parking space. The remainder of the Chandralok area may be utilised for purposes incidental to the new jail. We, therefore, proceed on the footing that all the orders prior to the order dated dated 7.12.2000 of the Chief Minister will be deemed to have been countermanded by necessary implication. We proceed to consider the validity and appropriateness of the order dated 7.12.2000, approving the suggestions indicated in the note dated 6.12.2000 (supra).