HC raps Bihar govt over encroachment on land near Bans Ghat, Legal News, ET LegalWorld – Legal Firms


Expressing displeasure on the lackadaisical approach of the state authorities whose carelessness led to encroachment of about 4.6 acres of land acquired for constructing a pond opposite the Bans Ghat crematorium in Buddha Colony, the Patna high court on Wednesday observed that responsibility will be fixed on the officers identified for such negligence.

The division bench, comprising Justice Ashutosh Kumar and Justice Nawneet Kumar Pandey, while hearing a public interest litigation (PIL) filed by one Subhash Kumar, had earlier directed the state government to furnish the action taken report (ATR) regarding the steps taken for nullifying or vacating the stay orders passed by civil courts on the basis of which the alleged encroachers have retained their respective possessions.

On Wednesday, the court categorically said whether it is a pond or green patch to be constructed, in no case constitutional right to properties can be given leverage over the issue of environmental protections which is much sacrosanct. “We will deal with each and every aspect of this encroachment and will not spare anyone who has defeated the objective of constructing a water body for which the land was acquired at the expense of public money,” the division bench further remarked.

During the course of hearing, intervenors from Buddha Colony Griha Nirman Samiti also appeared through their senior counsel P K Shahi, who disputed the purpose of acquisition.

This matter will be further heard on January 9.


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