High CourtsDivision Bench

Rajendra Narayan Singh vs State Of Bihar And Ors

Patna High Court · Decided on 11 December 2020 · Citation: (2020) 12 PAT CK 0362

HON’BLE JUDGES
Sanjay Karol, CJ · Partha Sarthy, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 24835 Of 2019
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Judgment

26 paragraphs · 462 words

Petitioner has prayed for the following relief(s):

“(i) For a direction upon the Respondents to check unplanned growth at the bank of river Ganga, Punpun and Sone in Patna district where

unregulated constructions are coming up in breach of guidelines of the National Green Tribunal.

(ii) For an order, direction or appropriate writ commanding the respondents to take final decision so far as approval and implementation of Master Plan

along the river bank is concerned and further to fix and demarcate the line of river at Patna within which construction is not permissible.

(iii) For a direction upon the Respondents to bring an end to uncertainty by policy decision which is prevailing in the light of direction of the National

Green Tribunal whereby construction within certain limit from the river bank has been forbidden and it has been left open to the State Government to

take final decision in this regard and as such master plan approved in the year 2016 is not being being implemented for want of demarcation line of the

river Ganges.

(iv) Any other order/orders for which the petitioner is found entitle to in the facts and circumstances of the present case.â€​

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the

concerned respondents to consider and decide the representation which the petitioner shall be filing for redressal of the grievance(s).

As such, petition is disposed of with the direction to respondent Nos.1, namely Chief Secretary, Government of Bihar, and Respondent No. 2, namely

Principal Secretary, Urban Development Department, Government of Bihar, to consider and dispose it of expeditiously and preferably within a period

of two months from the date of its filing along with a copy of this order.

It is clarified that the proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise

mutually agree to meet in person i.e. physical mode.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same

shall be dealt with, in accordance with law and with reasonable dispatch.

Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the

parties.

Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits.

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, also stands disposed of.