MAHESH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been preferred by way of Public Interest Litigation for a direction to the respondent authorities to rehabilitate the petitioner and others 170 families like the petitioner who are said to have been uprooted from their houses due to expansion of Baghmati Bandh constructed under the scheme of Baghmati Project in the year 1985.

(2.) The statement made in the writ application indicate that the Baghmati river project was taken up in the year 1985, 24 families who were displaced have been rehabilitated by the Government. The claim of the petitioner is that he along with other 170 families are not being rehabilitated even though they have made representations to the government as contained in Annexure-4 to this writ application.

(3.) A counter affidavit has been filed on behalf of the Executive Engineer Baghmati Division. It is stated in his response to the writ application that the work of extension of embankment was completed in the year 1985 itself, whereas, the petitioner is moving this court after a lapse of 31 years and for that reason alone, the writ application is fit to be dismissed. It is further stated in his affidavit that in October 2016, the work of rehabilitation has been entrusted to the Executive Engineer, Baghmati Division, under Water Resource Department and now, the process of acquisition of land has been started.