Introduction
The Patna High Court‘s Full Bench halted the construction of a Bihar Sunni Waqf Board’s Proposed Office adjacent to the High Court’s new building, citing severe security issues for Judges, lawyers, litigants, workers, and security personnel.
Facts
The Court had previously summoned the Registrar General and the Court Officer to inquire whether any details had been given to the High Court before the construction of the building to determine the validity of the building/huge structure. Also, the Registrar General had told the Court that he had summoned the District Magistrate and the Municipal Commissioner a few days ago to inquire about the structure’s validity, but that they were unable to provide a satisfactory response at the time.
Petitioner’s Arguments
Not mentioned in the case.
Respondent’s Argument
The Advocate General for the State of Bihar testified before the Court that the subject structure was being built by the Minority Welfare Department of the Government of Bihar on property owned by the Bihar State Sunni Waqf Board for use as a Musafirkhana, the Bihar Sunni Waqf Board’s office, and other purposes. In response to a question from the Court, it was reported that no permission for the construction had been obtained from the Patna Municipal Corporation. But such permission is required under Bihar Building Byelaws, 2014. Learned Counsel said that the building is being built according to a design drawn up by the Government Architect and approved by him. Learned Counsel claimed that the structure in question is about 40-45 feet tall and stands about 30 feet away from the High Court Building’s boundary wall. Therefore, permission is required.
Court’s Judgement
The Court observed that no construction or related operation shall be undertaken or continued by any individual or authority concerning the subject structure or any other structure exceeding 10 metres in height within a radius of 200 metres from the High Court’s boundary wall before further orders are issued. Finally, the matter was ordered to be listed on April 12th, with the respective respondents being given until that date to file their detailed affidavits on the issues in the case.
Click here to read Sunni Waqf Board Versus the State of Bihar.
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