K D CHATERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE fact, which we are going to narrate is shocking one, that a boundary wall of Mr. K.D. Chaterjee (Jr.), Advocate, has been demolished by the Patna Regional Development Authority (in short, the PRDA) on the pretext of widening the road taking recourse to an order passed by this court in a different context.

(2.) ADMITTED fact is that the lane in question where the house of Mr. Chaterjee, Advocate, situates is 198 in length & 16 to 18 in width and passes through the East Boring Canal Road and there also situates a plot no. 1079 on the north side of the lane owned by Dr. Nil Sinha and Satyadeo Prasad. It appears that said Dr. Nil Sinha and Satyadeo Prasad filed a petition before the Vice Chairman, PRDA on 7.3.2005 alleging that there are encroachments on both sides of the said lane by the peoples residing there including one by Mr. Chaterjee, Advocate. They also stated in their petition that they filed an affidavit earlier to remove the unauthorized boundary walls to make the lane upto the width of 20. Thereafter, it appears that Dr. Nil Sinha and Satyadeo Prasad submitted a map before the PRDA for construction of a multi storied building on plot no. 1097, which was signed by Dr. Nil Sinha and Satyadeo Prasad and others wherein the width of the lane was shown 6 meters but it was not 6 meters. On the basis of the said false statement, employees of the PRDA and aforesaid Dr. Nil Sinha and Satyadeo Prasad entered into a conspiracy and got the boundary wall of Mr. Chaterjee, Advocate, demolished. The connivance of the staff of the PRDA is clear from perusal of the file which has been produced by the Vice Chairman, PRDA.

(3.) THE fact remains that such type of highhandedness that has been done in the case in connivance with Dr. Nil Sinha and Satyadeo Prasad and staff of the PRDA is shocking to the conscience of the court. If no strict action is taken immediately in the matter then that will give an impression amongst the public that law breakers and perpetrators have hay day in this State.