MATTER OF LETTER Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Public Interest Litigation which was registered on the basis of a letter dated 30.11.2018 by one Ajit Kumar Singh by which attention of the Court was drawn to the construction of Water Tank within the precincts of the Lajpat Park situated in the Town and District of Bhagalpur.

(2.) In the aforementioned letter sent by Shri Ajit Kumar Singh of Bhagalpur, it has been alleged that the District Administration was trying to erect a Water Tower in the midst of the historical Lajpat Park and in doing so was damaging the walking track and were ruthlessly hacking down the trees without seeking prior permission from the Forest Department. It had been stated that the people of the town of Bhagalpur were being badly affected and were wholly frustrated on account of the damage of the historical monuments and had been seriously prejudiced in enjoying the park. It was contended that the 30 acres of land which was located within the jurisdiction of the Bhagalpur Municipality and which had been the historic ground for the protests of 1928 against the Simon Commission and which was being used as platform for the freedom struggle had been arbitrarily invaded by some disgruntled elements. It was in this historic ground that currently local children, youngsters and elderly persons atna High Court CWJC No.24664 of 2018 dt.01-07-2019 were getting together and enjoying the grounds for the purpose of sports, morning walk and social gathering. However, without taking the consent of the local people, the walking track of the park was broken down after mercilessly hacking down the fully grown green trees, the District authorities were proceeding to construct a water tank (Jalminar). The aforementioned letter was sent to the High Court which was placed before Hon'ble the Chief Justice on the administrative side and upon consideration, the present Public Interest Litigation has been registered and, accordingly, on 19.12.2018 notices were issued to the Bhagalpur Municipal Corporation as also the State of Bihar calling upon them to seek necessary instruction and file affidavit.

(3.) A counter affidavit was filed before the Court by the Municipal Corporation, Bhagalpur from which it appears that the land pertaining to the Lajpath Park measuring an area of 2.25 acres. Pursuant to the resolution of the department of Urban and Housing Development, Government of Bihar, contained in Memo No. 1153 dated 01.07.2013 with regard to the implementation of Bhagalpur Water Supply Scheme Project -1 which was to be provided financial assistance by the Asian Development Bank. It appears that main aim of the scheme is to make available water supply to the residents of Bhagalpur Municipal Corporation as per the national yardstick. The said proposal also included a scheme for purification of the water of river Ganges for its supply to the residents and was to be implemented through BUIDCO.