BIHAR STATE HOUSING BOARD Vs. KUMAR PRASHANT

JUDGEMENT

(1.) The Bihar State Housing Board (hereinafter referred to as 'the Board') has filed this application for review of the order dtd. 15/9/2015 passed in C.W.J.C. No. 7885 of 2015 (Kumar Prashant Vs. The State of Bihar and Others).

(2.) The writ petition, under Article 226 of the Constitution of India, in the nature of public interest litigation, was filed by respondent No.1 for restraining the Board from converting a plot, i.e., Plot No. PS-I in Sector-II of Bahadurpur Housing Colony, which was earmarked for a primary school, into a memorial park.

(3.) It was not disputed in the writ proceedings that in accordance with the lay out plan of the Bahadurpur Housing Colony of the Board, the plot, in question, was earmarked for a primary school. A counter affidavit was filed in the writ petition on behalf of the State of Bihar sworn by Jagat Paswan, an Executive Engineer under the Building Construction Department, Government of Bihar, stating that the Department was acting upon a proposal for setting up a park over the said Plot No. PS-I of Sector-II of the Colony in pursuance of the instructions received from the State Government communicated through letter No. 290 dtd. 27/4/2015, a copy of which was brought on record by way of Annexure-A to the writ petition. The said Annexure-A contained the minutes of the proceedings of a State level inter-departmental meeting held by the Chief Secretary of Bihar for taking decision for the purpose of installation of statue of great men and women of the country in their memory at various places. According to the counter affidavit filed on behalf of the State of Bihar in the writ proceeding, it was their stand that Bihar State Building Construction Corporation was raising a statue of a former Prime Minister of India in implementation of the decision taken in the said inter-departmental meeting.