Disposed

Satish Kumar v. The State Of Bihar and Ors.

Patna HC3 Apr 2014CWJC/4444/2014

Case brief

AI extract

What is this about?

In a PIL, the High Court directed the Patna Municipal Commissioner to issue a No Objection Certificate to the Road Construction Department within three weeks to facilitate sewerage system construction and cover open drains, emphasizing proactive civic duty.

What did the court decide?

Directed the Municipal Commissioner to consider the request and issue necessary communication within three weeks. Directed the Corporation to discharge its duty regarding cleaning of drains.

Satish Kumar Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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	Civil Writ Jurisdiction Case No.4444 of 2014
	====================================================== Satish Kumar .... .... Petitioner/s Versus The State of Bihar & Ors .... .... Respondent/s ======================================================
	Appearance : For the Petitioner/s : Mr. Dr. Ratan Kumar, Adv. For the State : Mr. Ashok Kumar Choudhary, Adv. Mr. Shahzad Hassan Khan, Adv.
	For the Municipal Corporation : Mr. Hargovind Singh Himkar, Adv. ======================================================
	CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA)
3	03.04.2014 Heard learned counsel for the petitioner, State and for the Patna Municipal Corporation.
	In this Public Interest Litigation the relief
	sought is for construction of a sewerage system and to cover open drains which are safety and hygiene hazards.
	Learned counsel for the petitioner submits
	that on 30.10.2013, the Executive Engineer, New Capital Road
	Division, Patna, Road Construction Department has written to
	the Municipal Commissioner, Patna Municipal Corporation to
	facilitate necessary works for the purpose. He submits that
	only in absence of No Objection Certificate for road cutting and
	drainage system, the work has remained stalled.
	Prima facie, if the Road Construction
	Department has sought no objection from the Municipal

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Patna High Court CWJC No.4444 of 2014 (3) dt.03-04-2014

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2/2

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Corporation for provision and construction of civic facilities, we see no reason why the Municipal Corporation should be sitting over the request.

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The Municipal Commissioner shall consider the request from the Road Construction Department and make necessary communication within a maximum period of three weeks from the date of receipt/production of a copy of this order so that the necessary civic work can be commenced by the Road Construction Department.

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We also expect that the Municipal Corporation shall discharge its duty for cleaning of drains and not await judicial orders for each municipal activity.

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The application stands disposed.

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(Navin Sinha, J)

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(Vikash Jain, J)

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P. Kumar/-

Satish Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Satish Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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