BIRENDRA PRASAD SINGHQ Vs. STATE OF BIHAR

JUDGEMENT

(1.) TENDUNI Chowk is under Bikramganj subdivision in the district of Rohtas. It lies at the junction of two States Highways and this perhaps is its only claim to importance. Judging from the general conditions prevalent in the sub -divisional level Bazars/Chowks in this State, it is highly unlikely that Tenduni Chowk would have an adequate water supply system or a sufficiently safe system of sanitation. The lack of civic facilities in every day life does not seem to have deterred some of the local residents of this place under the leadership of the local M.L.A. to resolve to instal the statues of four departed leaders, namely, (i) Mahatma Gandhi, (ii) Dr. B.R. Ambedkar, (iii) Sri B.P. Mandal and (iv) Sri Jagedo Prasad Mahto. Apart from the four statues it was also decided to construct four 'gates' for the beautification of the place. In the present fragmented state of our society one may come across people who would question the selection of the leaders and would even impute narrow motives to the sponsors of the scheme. There may also be some people who would question the idea of constructing 'gates' for the beautification of the place. They would point out that the 'gate' consisting of two vertical rectangular concrete ¢ pillars joined at the top by a 'horizontal concrete beam makes a rather ugly structure, devoid of any beauty and it would not add to the beauty of the place.

(2.) HOWEVER , beauty as it is said, lies in the eyes of the beholder and the selection of the leaders for thus being honoured depends upon the personal predilection of the selectors. These aspects of the matter, therefore, are of absolutely no concern to this court. What, however, becomes a matter of concern to this court is the objection raised on behalf of the petitioners, and quite vehemently too, regarding the spots at which the four statues are installed and the gates are being constructed.

(3.) IN order to appreciate the objection raised on behalf of the petitioners it would be necessary to broadly follow the geography of the place. It may be noted here that in pursuance of the order, dated 5.7.99 passed in CWJC No. 4478/1998, the S.D.O. Bikramganj has filed a supplementary counter affidavit enclosing as Annexure -B a 'site plan of Tenduni Chowk, Bikramganj'. A similar map is also enclosed as an annexure in the counter affidavit filed on behalf of the respondents (and affirmed by the Executive Engineer, Road Construction Division, Dehri -on -Sone) in CWCJ No. 6682/1998. It is on the basis of the aforesaid site plans that this court proceeded to examine the spots where the four statues are installed and four' gates' are being constructed.