DEOGHAR DISTRICT CONGRESS COMMITTEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondents not to demolish the building in question in which the office of the petitioner is running since last 70 years, which is situated at "Gandhi Vachnalaya", near Tower Chowk, Deoghar Sadar Hospital, Deoghar. A further prayer has been made for issuance of direction upon the respondents to get inspection of the building done through other agencies such as, MECON Engineering Ltd. or BIT Mesra, Ranchi

(2.) The learned counsel for the petitioner submits that the building in question was constructed by a freedom fighter namely, Nathmal Singhaniya after getting lease for 99 years from the Deoghar Municipal Corporation, Deoghar and in the said building, Late Nathmal Singhaniya started a library namely, Gandhi Sahitya Pustakalay, Deoghar and also running an office of Deoghar District Congress Committee. The said facts are apparent from the extract of the book (Annexure-1 to the writ petition). The petitioner has been operating its office for about 70 years without any hindrance or obstruction from any corner including the respondent authorities. However, recently, the respondent authorities tried to remove the petitioner's office from the aforesaid building under some political influence. In the sequence of the said action of the respondent authorities, a notice contained in letter no. 2888 dated 28.08.2017 was issued to the petitioner to vacate the office till 04.09.2017 on the ground that the building in question is in dilapidated condition. The petitioner filed an application before the respondent no. 2-the Deputy Commissioner, Deoghar on 29.08.2017 stating the relevant facts with regard to the said building. It is further submitted that the condition of the building is sufficiently good and the same does not require any demolition. The State Government had renovated the said building in the year, 2001-02 and, therefore, it cannot be said that the building is in a dilapidated condition. If the said building is demolished at the instance of the respondent authorities, the persons running their respective businesses in the part of the building would suffer immense financial loss. Moreover, the petitioner shall also be deprived of its office which is being run in the said building for about 70 years.

(3.) The stand of the respondent nos. 3 to 6 summarised in the supplementary counteraffidavit filed on 28.02.2018 is that prior to issuing the letter no. 2888 dated 28.08.2017 (Annexure-3 to the writ petition), the respondent authorities have undergone the due process of law, as the Municipal Commissioner/Chief Executive Officer, Deoghar vide letter no. 3903 dated 21.12.2016 sent a letter to the respondent no. 6-the Executive Engineer, Building Division, Deoghar for inspection of the said building known as "Gandhi Vachnalaya". In response to the said letter, the Respondent no. 6 made an inspection of the structure of the building (Gandhi Vachnalaya) and sent a report to him vide letter no. 1510 dated 27.08.2017 stating inter alia that since the building is having the old structure of 60-65 years, several parts of the structure have got damaged and the same is in dilapidated condition. It was also reported that the building structure of Gandhi Vachnalaya may fall any time. It has further been stated in the supplementary counteraffidavit dated 28.02.2018 that after exhausting the local level formalities with respect to building structure of Gandhi Vachnalaya, the Municipal Commissioner, Deoghar vide his letter as contained in letter no. 3192 dated 25.09.2017 requested the Director, B.I.T., Mesra as well as the Director, MECON Engineering Limited for getting the inspection of the building done. The copies of the said letter dated 25.09.2017 was also forwarded to different authorities. Thereafter, the Director, B.I.T., Mesra, Off-campus, Deoghar nominated one Sri Kumar Satish, Project In-charge, B.I.T. Mesra Off-campus, Deoghar for inspection of Gandhi Vachnalaya along with other nominees of MECON Engineering Limited. Accordingly, a Three Member Committee under the Chairmanship of Sri Kumar Satish, Project In-charge, B.I.T. Mesra Off-campus, Deoghar and two other members such as, Sri Indresh Kumar, Executive Engineer, Deoghar Municipal Corporation, Deoghar and Sri Amrendra Kumar Saha, Executive Engineer, Road Construction Department, Deoghar, was constituted. Partial modification of the constitution of the Committee was made vide letter no. 4022 dated 12.12.2017 by replacing Sri Amrendra Kumar Saha, Executive Engineer, Road Construction Department, Deoghar with Sri Madan Murari Prasad, Executive Engineer, N.R.E.P, Deoghar. In exercise of power conferred under Sections 449 and 450 of the Jharkhand Municipal Act, 2011, the Municipal Commissioner, Deoghar sent notice to the petitioner and other persons regarding the constitution of Three Member Committee and a copy of earlier report as mentioned in letter no. 2888 dated 28.08.2017. The said Three Member Committee submitted its report on 08.01.2018 to the Deputy Commissioner, Deoghar. The Committee after making thorough inspection of the building structure (Gandhi Vachnalaya) recommended that the building should be demolished. It has further been stated in the said supplementary counter-affidavit that the Municipal Commissioner, Deoghar has been taking these steps for public safety.