PRATIBHA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY virtue of the order passed on 17.2.2009 in CWJC No. 11763 of 2008 by the High Court the order contained in annexure-1 has come to be passed by the Municipal Commissioner of Patna Municipal Corporation. The dispute relates to construction of sump house by the municipal authority with cooperation of Bihar State Water Board in the portion of a park of Co-operative Society which is known as Aarakshi Karmcharigan Sahkari Grih Nirman Samittee Ltd. (hereinafter referred to as the Society). The order passed by the Municipal Corporation has irked the petitioner to challenge the same in the present writ application which is annexed as annexure-1 to the writ application.

(2.) FROM the pleadings and the materials brought on record it is long drawn battle initiated by the petitioner with the handful persons who do not want the sump house to be constructed in a portion of the land which has been earmarked as a park by the said Society. Submissions are many which will be subsequently dealt with. But one primary fact which must be noted is that the resistance of the petitioner to the construction of the sump house is more or less her personal agenda. The General Body of the Cooperative Society has resolved and authorized construction of the sump house by the official respondents which is likely to have a major beneficial effect and solve the problem of water logging not only of the Society but other adjacent areas as well. It may also be recorded that all major works of laying down the pipeline etc. after spending a few corers have already been completed but the same is not being made functional because the sump house is not being allowed to be put in place.

(3.) OFFICIAL respondents in their counter affidavit have explained the background and the necessity of setting up the sump house. It is to alleviate misery which is faced by the residents of the locality as well as other citizens of the town due to water logging, specially when monsoon is vigorous. They also assert that the work has been carried out on the basis of the direction of the Hon'ble High Court in a PIL and it has the support of the majority of the members of the Society. It is also contended that the work has been held up because of the present litigation which has been going on for quite a while. Merely because the rain God has been kind this year it does not mean that the project can be abandoned due to non-construction of the sump house.