RATAN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ratan Kumar Sinha, Advocate who appears in person and Counsel for the State and the Municipal Corporation. In this Public Interest Litigation filed by a practising lawyer of the Court, the grievance is with regard to open drain and sewerage with excreta floating from the same in front of his house.

(2.) Learned Counsel appearing in person submits that the locality in question known as Mahesh Nagar is situated within the Municipal limits of Patna lying in Ward No. 7. We are informed that the area was never developed by the Urban Development Department or Municipal Corporation as a residential locality by way of carving out plots, laying of roads, street lights, drainage and sewerage etc. The limited number of residents by their own efforts long years ago constructed a drain for flow of water and sewerage. Gradually five blocks of apartments each of four storeys were sanctioned by the erstwhile Patna Regional Development Authority (P.R.D.A.) without corresponding civic amenities and have been constructed over the years. The self-constructed drainage by the residents was meant to cater to a smaller population and has become non-functional with the increased load of civic occupation. Requests to the Municipal Corporation for redressal of the grievance elicited no response leading to institution of the application. The lack of basic civic amenities and open flow of sewerage water alongwith excreta affects the fundamental rights of the citizens to a pollution free environment, hygiene, in all its aspects apart from other civic amenities.

(3.) The counter affidavit filed by the Municipal Corporation states that the Executive Officer, New Capital Division inspected the place on 28.8.2013 after the writ petition was filed. It acknowledges that the drain was very old and of limited capacity measuring 6" x 9" constructed about 30 years ago when there were very few houses. It was not clear as to who had constructed the drain. It is but a tacit admission that the respondents completely neglected urban planning in the area within the capital city. Presently on both sides of the road there were seven apartments and thirty three big buildings. There was no adequate drainage facility. A proper drain was required to be constructed for which estimate has been prepared. Since sufficient funds would be required it was not possible to do so with the limited resources available with the Corporation. Appropriate request has been made to the Urban Development Department for funds or for development under the Chief Minister's Town Development Scheme through the District Magistrate. The supplementary counter affidavit contains a letter dated 17.12.2013 written by the Municipal Commissioner to the Principal Secretary, Urban Development Department that an estimate had been prepared for Rs. 28,11,900/-. Administrative sanction may be granted and the money sanctioned from the State Plan Head.