PRAKASH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the State respondents including Patna Regional Development Authority.

(2.) THESE are the demolition matters which relate to Patna Boring Canal Road. The grievance of the petitioners in these writ applications is that their boundary walls are going to be demolished. It is stated that according to the revised master plan prepared by the P.R.D.A. the existing width of the Boring Canal Road eastern as well as western side in eluding the area covered by canal is 110' whereas the width of the road in front of the petitioners' house is 120'. Accordingly, it is submitted that the boundary walls constructed on their respective lands beyond the limit prescribed in the master plan cannot be demolished. It is further submitted that the construction has been made strictly in terms of the map sanctioned by the then Patna Improvement Trust.

(3.) MR . Jha appearing on behalf of the State respondents submits that the land measuring 120' was acquired by the Public Works Department and on that basis measurement has been done by the authority concerned. However, he submits that the department is still ready to measure the alleged encroached land in presence of the representative of the parties. In this connection reference may be made to the letter dated 11.12.95 written by the Vice -Chairman, P.R.D.A. to the Executive Engineer, Public Works Department contained in Allnexure -3 in C.W.J.C. No. 1157/96, wherein a clarification has been sought for as to why the boundary wall is proposed to be demolished though the road in front of the respective houses is more than 120' wide. It appears that the department has not responded to the said letter of the P.R.D.A. as yet, Mr. Jha submits that the red mark has been made on the basis of the acquisition made by the department, as far back as in the year 1913, The submission of Mr. Jha is being disputed by the learned counsel for the petitioners. However, at this stage, I am not inclined to decide the case on merit. It goes without saying that the authority will comply with the query made by the Vice -Chairman of the P.R.D.A., as contained in Annexure -3 in C.W.J.C. No. 1157. of 1996, as mentioned above. The Patna Regional Development Authority on receipt of the information from the department concerned shall pass appropriate order afresh giving general notice to the residents of the Boring Canal Road an wall as the department concerned. The respondent State authority is further directed to comply with the order of the P.R.D.A. forthwith so that the alleged encroachment be measured in presence of the representatives of the house owners with reference to the title deeds as well as the map sanctioned by the P.R.D.A.