KUMAR PRASHANT Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) This application, in the nature of public interest litigation, under Article 226 of the Constitution of India, has been filed raising grievance against the action of the respondents, State of Bihar and the Bihar State Housing Board, of converting a plot earmarked for a Primary School into a memorial Park. The plot, in question, has been described as PS-I in Sector-II of Bahadurpur Housing Colony.

(2.) Counter affidavits have been filed on behalf of respondent State (respondent No. 1) and the Bihar State Housing Board (respondent Nos. 2 and 3).

(3.) The fact that in the lay out plan of Bahadurpur Housing colony of the Bihar State Housing Board, the plot, in question, has been earmarked for Primary School is not in dispute and has, rather, been admitted in the counter affidavit filed on behalf of the Housing Board. In the counter affidavit filed on behalf of the State of Bihar, sworn by Jagat Paswan, an Executive Engineer under the Building Construction Department, it has been stated that the concerned department is acting upon the proposal for setting up a park over plot No. PS 1 Sector 1 of the Colony in pursuance of instructions received from the State Government, communicated through letter No. 290, dated 27.04.2015, a copy whereof has been brought on record by way of Annexure-A to it. Annexure-A, as brought on record is a copy of the minutes of the proceedings of a State level inter-departmental meeting, headed by the Chief Secretary of Bihar, held for taking decision for the purpose of installation of statues of great men and women of the country, in their memory, at various places in the State. As per the counter affidavit, the Bihar State Building Corporation, which is a Corporation under the Building Construction Department, is raising the statue of a former Prime Minister of India at the plot in question, in implementation of the decision, taken in the inter departmental meeting as aforesaid.