SUO MOTU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Noticing, during the hearing of Cr.W.J.C. No. 887 of 2013 and an analogous case on 01.03.2021, a huge structure being constructed in close proximity of the northern side of the newly inaugurated Centenary Building of the Patna High Court, this Court formulated the following questions in view of the serious security concerns posed by such construction, and referred the matter to the Hon'ble the Chief Justice for being taken on the judicial side -

(2.) The matter was registered as public interest litigation and directed by Hon'ble the Chief Justice to be placed before the present Special Bench for its consideration.

(3.) As observed above, the very purpose for taking up this matter was the serious security concern for Judges, lawyers, litigants, staff and security personnel alike, having regard to the close proximity of the structure to the High Court building. Accordingly, this Court in its order dated 15.03.2021 took note of the submission of learned Advocate General that the structure in question was about 40-42 feet in height and stood approximately 30 feet away from the boundary wall of the High Court building. This Court opined that such construction was in clear breach of Bye-law 21 of the Bihar Building Byelaws, 2014 ('the Bye-laws') which prohibits the existence of any building exceeding 10 feet in height within 200 meters radius of the boundary of important buildings including the High Court. Interim orders were passed to the effect that no such construction and related activities whatsoever shall be undertaken or continued without prior leave of the Court.