BHARAT PRASAD BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, the petitioner has challenged the order dated 29.10.87, passed by the respondent Executive Officer. Pakur Municipality, Sahebganj, whereby the petitioner has been directed to demolish the house in terms of Section -194(2) of the Municipal Act, a copy of the said order is made Annexure - 5 to this writ application. A prayer bas also been made for quashing of the notice dated 29.10.87, by which the petitioner has been directed to demolish the house, in question, within the time mentioned therein, a copy of the said order is made Annexure -5 to this petition. Shortly stated the case of the petitioner is that the house of the petitioner is situated over Plot no. 608. in Pakur within the Municipal area. A residential house was constructed on Plot no. 608 by his father about 50 -60 years ago, on the eastern side of the plot whereas the house of respondent no. 4 is situated on. Plot no. 607. It is alleged that the petitioner's house is single storied house adjacent to the house of respondent no. 4. It appears that the respondent no. 4 filed an application before the respondent Executive Officer, Pakur Municipality alleging therein that the house of the petitioner is in delapilated condition and, as such, require immediate action in this regard by the respondent authorities. The Tax Collector accordingly inspected the house of the petitioner and submitted his report stating therein that the house of the petitioner is in delapilated condition which may fell down at any time. It appears that subsequently the Municipal Engineer was directed to make an enquiry and submit II report regarding the factual condition of the house in question. The Municipal Engineer accordingly submitted his report stating that the house of the petitioner is in delapilated condition and may fall at any moment. The report of the Engineer is made Annexure -2 to this application. On the basis of the aforesaid report, the respondent authority has passed the impugned order in terms of Section 194 of the Bihar and Orissa Municipal Act directing the petitioner to demolish the house. In this case, a counter affidavit has been filed on behalf of respondent no. 4 who is the close relative of the petitioner. It has been stated therein that the house of the petitioner stands on Plot no. 608 which is unfit for human living and, in fact, it is stated that no one is living in that house for the last ten years. It is alleged chat the Municipal Engineer has inspected the house in question in presence of the parties and submitted a report to the effect that the house of the petitioner may collapse at any moment resulting in loss of human lives.

(2.) IN this case, the petitioner has assailed the order of the Executive Officer mainly on the ground that the order as contained in Annexure -4 has been passed without giving notice to the petitioner. It is further submitted that in fact the house of the petitioner is absolutely on good condition and contrary report submitted by the respondent authority is wholly misconceived and uncalled for.

(3.) LEARNED counsel appearing on behalf of tie respondent, however, submits that the order impugned in this writ application has been passed on the basis of the inspection report submitted by the Municipal Engineer. It is further submitted that the inspection was made in presence of both tile parties. According to the learned counsel, the respondent authority found the house in question in a delapilated condition and dangerous for human living. From the orders, it appears that while admitting this writ application dated 18.1.1988 the operation of the order was stayed by this Court. Though ten years has already elapsed, learned counsel for the parties is not in a position to say as to the present position of the house in question. Accordingly this writ application is being disposed of with a direction to make a fresh inspection of the house by a competent person in presence of the parties and submit a report to the respondent authority who will pass a fresh order on the basis of such report. Both the learned counsel for the petitioner as well as the respondent agreed that a responsible officer may be deputed to inspect the house in Question. Accordingly I direct the Chief Engineer Santhal pargana Division at Dumka to make spot enquiry with respect to the claim and counter claim of the parties and submit a report to the Executive Officer who will pass a flesh order in the light of the report submitted by the Chief Engineer. In order to expedite the matter I direst the Chief Engineer, to inspect the house in question with prior notice to the parties concerned and submit a report as early as possible preferably within six weeks from the date of receipt/production of a copy of this order. The order that may be passed on the basis of such report will be binding upon the parties. It the result the order as contained in Annexures -4 and are quashed and consequently this writ application is allowed to the extent indicated above.