Mahima
Patna High Court’s full bench halts construction of Bihar Sunni Waqf Board’s Proposed Office located next to new building of High Court.
The bench observed,
“Taking note of Bye-Law No. 21 of the Byelaws, we are of the view that such structure should not be permitted in close proximity of the High Court Building”.
The High Court bench comprises Justices Ashwani Kumar Singh, Vikash Jain, Ahsanuddin Amanullah, Rajendra Kumar Mishra, and Chakradhari Charan Singh.
Previously, Patna High Court had taken judicial notice of the large structure on the north side of the newly inaugurated Centenary Building.
To ascertain the legitimacy of the building, the Court had inquired the Registrar General and the Court Officer on whether any prior notice was given before commencing the construction.
The Registrar General notified about his conversation with the District Magistrate and the Municipal Commissioner and stated that both of them failed to give a satisfactory reply at the time.
In lieu of this submission, the Court concluded,
“The existence of the structure in such proximity of the High Court building, apart from causing an incessant disturbance in court proceedings, prima facie, poses serious security concerns for the Judges, lawyers, litigants, staff, and security personnel alike”.
The Advocate General of Bihar submitted that the structure in question is being constructed by the Minority Welfare Department on a property that belongs to the Bihar State Sunni Waqf Board.
He submitted that the construction is based on a plan prepared and approved by the Government architect which will be about 40-45 feet high, is approximately 30 feet away from the new building of High Court, and used as ‘musafirkhana’, office of Bihar Sunni Waqf Board, etc.,
It contended that no prior permission for construction was obtained from Patna Municipal Corporation as no such permission is necessary under Bye-Law No. 8(1)(A) of Bihar Building Bye-Laws, 2014.
After scrutinizing Bye-Law No. 21 of the Byelaws, the Court found the construction of the said structure in violation of relevant Bye-law and remarked,
“Accordingly, the Court dictated that till further orders, no construction or related activity whatsoever shall be undertaken or continued by any person or authority in relation to the subject structure or any other structure exceeding 10 meters in height within a radius of 200 meters from the boundary wall of the High Court without prior leave of this Court”.
