Public Interest Litigation Forum And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4985 of 2017 ===========================================================
1. Public Interest Litigation Forum through Shashi Bhushan Kumar Advocate, Son of Late J.K. Gupta, resident of Lohia Nagar, P.S.-Kankarbagh, DistrictPatna.
2. Ravineshware Dayal @ Ravi Dayal, Son of Late Rajeshwar Dayal, resident of 503-R.D. Palace, Near A.N. College, Boring Road, P.S.-S.K. Puri, Patna. .... .... Petitioner/s
Versus
1. The State of Bihar, through Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Urban Development & Housing Department, Government of Bihar, Patna.
3. The Managing Director, Bihar State Housing Board, Bihar, Patna.
4. The Secretary, Bihar State Housing Board, Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s : Mr. Lalit Kishore, PAAG- 1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 18-05-2017 Seeking a mandamus to command the respondents to resolve the dispute related to land acquired in the Digha Area, Patna in terms of the Digha Acquired Land Settlement Act, 2010 and in terms of the rules and scheme framed thereunder and further
Patna High Court CWJC No.4985 of 2017 dt.18-05-2017 2/3 contending that the Tribunal has not been made functional, this writ petition has been filed by the petitioner Organization claiming to be a forum ventilating the grievance of public at large.
2. Except for contending that the claim of various land holders have not been settled and the Tribunal is non-functional, nothing is brought on record to indicate the particulars of the person in whose cases the claims have not been settled and various other details required thereunder.
3. If any person whose land has been acquired and if he has any grievance in the matter, he should take action for ventilating his grievance. At the instance of the petitioners, in this Public Interest Litigation, that also based on the unspecified and vague allegation made, we see no reason to make any indulgence into the matter, particularly when Sri Lalit Kishore, learned Principal Additional Advocate General makes a statement to say that the claims of most of the persons have been settled and the amounts have been paid. That being so, we are not inclined to go into various disputes with regard to the claim and grant liberty to the aggrieved persons to raise their claim before the appropriate forum or authority in accordance with law. As far as making the Tribunal functional is concerned, we direct the State Government to ensure that the Statutory Tribunal constituted, if it has not been made functional till
Patna High Court CWJC No.4985 of 2017 dt.18-05-2017 3/3 date, necessary steps be taken to ensure that the Tribunal becomes functional and the grievance of the aggrieved persons are taken up for consideration at an earlier date.
4. With the aforesaid observations, finding no further indulgence to be made into the matter, we dispose of this writ petition.
(Rajendra Menon, CJ) (Sudhir Singh, J) P.K.P.
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 23.05.2017 Transmission Date