BRAJESH SHARAN SHARMA Vs. PATNA REGIONAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The Court will not repeat how the issues came to be examined upon an inquiry by the District Magistrate, Patna. Thus, let the order of 25 June 2004 be reproduced : "Even before the Court could issue notice counsel for the PRDA seems to be explaining away the situation to the High Court. Having taken instructions during the lunch recess, now it is accepted in fact, as indicated by counsel for the PRDA itself that whereas the complex of the buildings in context was meant to contain a septic tank for each building, it has now been learnt that a septic tank has not been provided. No wonder the petitioner seems to be seriously aggrieved so also the neighbours in the neighbourhood of this area that all the filth and sewerage seems to be spilling all over the locality. Even before the petitioner could present the submissions, the PRDA is accepting that whereas the sanction was provided for only four buildings the fifth building is under an issue for compounding. This is a strange argument on behalf of PRDA. The petitioner contends that the fifth multi storey is in fact on an access road, the drive-way. The petitioner has presented the record of objections before the PRDA. The PRDA would be well advised to read the case of M.I. Builders PH. Ltd., v. Radhey Shyam Sahu and Ors., AIR 1999 S.C. 2468, wherein the Supreme Court in no uncertain terms lays down that illegalities in urban planning are incurable. The wordings of the Supreme Court are "builder is not an innocent player in this murky deal...." The Supreme Court also observed that "primary concern of the Court is to eliminate the negative impact (..) will have on environmental conditions in the area of the congestion that will aggravate on account of the increased traffic and people visiting the complex." This question will need to be answered. The PRDA is virtually accepting the situation that something has gone wrong. But the acceptance only comes when the petition comes to the High Court. What was being done all these times? If the septic tanks are not there and the sewerage is spilling all over the area who will take the responsibility of the epidemic which may explode any day more so with rains coming in. If there is break out of cholera, typhoid and diarrhea, the responsibility will lie entirely and solely on the PRDA. Again where did all the money go meant for plans to clean up the river Ganga under the Ganga Action Plan. If the entire filth and sewerage is going straight into the Ganga who will take the responsibility of the pollution of the river Ganges, which was made a subject of a special plan by the Government of India. The Ganga Project Division, Bihar Rajya Jal Parishad has entered appearance in the case. Politics and corruption present situation of violations in urban planning norms. Sewerage and sullage is one aspect of the matter. The builder raj is another. Thus, this is not a case which will be decided on counter affidavits and rejoinder affidavits. On a certiorari let the record in original in these matters be placed before the Court forthwith and deposited with the Registrar General and anything which needs to be explained then any one who is connected with these buildings the authorities, the government not excluded may offer their defence thereafter. The Respondents are to answer the writ petition within ten days. Notice on the writ petition issues on those who have not been served. Steps by registered post and dasti may be taken by Monday next. Affidavits are to be filed by the heads of the departments or local authorities. Consequently, with violations in planning norms being virtually accepted by PRDA, this Court now calls upon the District Magistrate, Patna to make a preliminary inquiry and survey the areas, in context, and certify the aberrations, irregularities and illegalities on which the writ petition draws attentions to. Apart from examining sanctions the District Magistrate will report on the environmental hazard in the context of this matter. Put up after ten days. The records filed by the PRDA have been requested for by the District Magistrate, Patna and, thus, have been delivered. Let a copy of this order be issued to the District Magistrate, Patna, by the Registrar General.

(2.) The District Magistrate has submitted his report. The content of the report virtually reads like exploding dynamite. It shows what goes on in Patna by erring builders and while the Prime Minister issues a statement on his concern at Indian cities becoming a living hell, those who structure cities make a hell out of it. In reality the Prime Minister's statement sums up the situation. The Prime Minister's statement is reproduced :

(3.) No sooner the District Magistrate's report was placed at the bar everybody seems to be readily accepting the situation which in any case is unusual. The Court has never heard that a development authority and a State Department will accept the report that what has happened is wrong. Both the Patna Regional Development Authority (in short, the PRDA) and the State Urban Department seem to be on the run and accept that the building regulations have been violated with impunity on every conceivable aspect whether it is lack of septic tanks, discharge of sewerage lack of fire prevention facilities, set backs norms, lack of parking, height etc.