ARUN KUMAR MUKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) WE are sorry to notice that the orders of this court which are meant to be obeyed by the authorities that be, are observed only in their breach. We are constrained to say so because it is not any individual, authority who is guilty of not obeying the orders of this court. We say so because the entire government machinery has defied the orders of this court and failed to implement the orders. We feel that a stage has been reached when we must sound a note of caution and remind the authorities that be, that the State machinery has to function in accordance with the provisions of the Constitution and under the Constitution, orders passed by this court are to be obeyed by the authorities and where they affect private citizens, the authorities are expected to act in aid of the orders of this court. If the authorities of the State of Bihar ignore the orders of this court or defy the same, it would be difficult to contend that the administration is being run in accordance with the provisions of the Constitution, because there is a designed effort on the part of the State authorities to defy the orders of this court. After a matter is decided by this court, this court is not expected to monitor the execution of the order day -to -day because the authorities are expected to act in accordance with the same without any interference by a court of law. Administration has to be run in accordance with the provisions of the Constitution by the Government of the State, and it is too much to expect this court to run the administration of the State, because this court is neither expected, nor equipped with the machinery, to enforce each and every order of this court. If the authorities who are required to implement the orders of this court refuse or fail to implement the same, it would certainly amount to failure of the constitutional scheme and a break down of the administration.

(2.) IN this batch of writ petitions which have been filed in public interest, we have passed orders from time to time regarding removal of encroachments. Apart from the capital city of Patna, in other cities as well, there is large scale encroachment of public lands, public roads etc. and apart from impeding free flow of traffic, such encroachments generate a very large quantity of filth which makes life unhygienic, and the people living in such localities, who are also respectable citizens of the State are compelled to lead a life of animals. Apart from the above, they block the sewerage system wherever it is provided. When we passed the orders initially, the District Magistrate, Patna took steps to get the encroachments removed to some extent and the Patna Regional Development Authority also took steps to remove encroachments from the localities falling within its jurisdiction. At many places, the P.R.D.A. marked the encroached portions for demolition, but thereafter it developed cold feet when it came to dealing with important persons. The result is that while weaker sections of the society were compelled to remove the encroachments, those who claimed high status in the society have continued their encroachments. Some of them were high officials of the Police department of the State of Bihar and some had held important administrative posts. We do not wish to name them.

(3.) SIMILARLY we had issued directions with regard to the regulation of traffic. Any number of vehicles can be found fitted with beacon lights, and it is a well known fact in this State that such beacon light fitted vehicles are being misused by criminals to commit offences. These beacon lights were to be removed from the vehicles of the persons who were not authorised to affix the same. The government, as if, offended by such orders, issued a notification granting privilege of fixing beacon light to a large number of persons with the result that any number of vehicles in the State carry beacon lights. Beacon lights are to be fitted on the authorised government vehicles and not on private vehicles, but since it is taken as a status symbol, most of the persons who have some standing in society claim to be V.I.Ps. Therefore a large number of vehicles in the State can be found to be fitted with beacon lights. The police authorities have taken no steps to get the beacon lights removed from unauthorised vehicles. There is another feature also which requires to be noticed. A large number of vehicles carry boards on them disclosing the office which the owner of the vehicle holds. We have seen vehicles with boards such as "Settlement Officer '', ''Member Bihar State Bar Council '', etc. There are any number of vehicles which carry such boards disclosing that the vehicle belongs to a Member of Legislative Assembly or a Member of Parliament. The Motor Vehicles Act does not permit display of such boards on the vehicles. The administration has not taken any step to get the boards removed despite the orders of this court.