LAWS(PAT)-2002-9-37

SUDHA DEVI Vs. STATE OF BIHAR

Decided On September 16, 2002
SUDHA DEVI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE Patna Regional Development Authority (hereinafter the Authority) started its latest demolition drive at Frazer Road, running through the heart of Patna. Interestingly the demolition derive was launched, professedly, in pursuance of an order passed by this Court.

(2.) ON 21.7.2002 a public notice issued by the Authority appeared in the Hindustan and the Times of India, two daily newspapers, one in Hindi and the other in English. As this notice forms the basis of the demolition campaign, it will be useful to reproduce it in full. The notice losely translated in English reads as follows:

(3.) IN those circumstances, the first three writ petitions of this batch (CWJC Nos. 8466, 8447 and 8510 of 2002) were filed in this Court on 25.7.2002 with the petitioners making the grievance regarding the manner in which the Authority was carrying out the demolitions. The three writ petitions were taken up on 26.7.2002 when a copy of the order, dated 17.7.2002 passed in CWJC No. 2290 of 1930 Arun Mukherjee v. State of Bihar and Ors. was produced before the Court on the basis of and in compliance with which the Authority claimed to have launched the demolition drive. This Court found that in that order there was no sanction for the impugned actions of the Authority. On that date, therefore, this Court passed an order restraining the Authority from forcibly demolishing any portions of the houses/constructions owned/occupied by the petitioners in the three writ petitioners. IN that order this Court also made the following observations: