DISTRICT BAR ASSOCIATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the notice dated 10.4.2004 (Annexure 5) whereby the petitioner has been asked to remove the unauthorised construction made within the premises of the District Bar Association, Civil Court, Patna by 17th of March, 2004 failing which it has been informed that the same shall be demolished and the cost of the same shall be realised from the petitioner.

(2.) Shorn of unnecessary details facts giving rise to the present application are that the petitioner is the District Bar Association and this writ application has been filed on its behalf through its General Secretary. An agreement dated 9th day of March, 1939 was entered between the Governor of Bihar and District Bar Association, hereinafter referred to as the Association, by which a plot of land measuring 0.72 acres in Patna Civil Court compound was demised in favour of the petitioner for construction of building of the Association on various conditions. The conditions which are relevant for the purpose of decision in the present application are as follows :--

(3.) According to the petitioner, on account of acute shortage of accommodation to the members of the Association and finding that they have to work under subhuman conditions due to lack and proper decent sitting and working conditions, the Association on 1.10.2003, resolved to construct more chambers for accommodation of advocates and for this purpose, it decided that pucca construction be made on the 1st and 2nd floor over the shops which are existing since last about 40-45 years. In the light of the aforesaid resolution, ten Advocate's Chambers over the shops besides one dispensary on the 1st floor, were also constructed for use of the members and extending medical help to them. Thereafter as resolved the Association constructed 11 Chambers on the 2nd floor and according to them, they had already allotted the chambers to its members and the chambers on the 1st floor have already been occupied.