Disposed

Roti Bachao Sangharsh Morcha and Anr. v. The State Of Bihar and Ors.

Patna HC18 Jan 2016CWJC/14414/2015

Case brief

AI extract

What is this about?

In a PIL alleging threats to agriculture and lack of DPR, the Patna High Court did not set aside the tender but directed the Divisional Commissioner, Magadh Division, to supervise the construction of a weir to ensure compliance with the DPR.

What did the court decide?

Directing the Divisional Commissioner, Magadh Division to take measures to ensure construction is executed in terms of the DPR.

Roti Bachao Sangharsh Morcha and Anr. Vs The State… — Environment and Pollution | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.14414 of 2015

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Roti Bachao Sangharsh Morcha being represented through its Chairman Sri Krishna Kumar son of Late Baleshwar Singh, having its office at village Hasanpur, P.O. Nimsar, P.S. Alipur, District Gaya

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Srinivas Sharma son of Sri Kedar Singh, Secretary, Roti Bachao Sangharsh Morcha, having its office at village Hasanpur, P.O. Nimsar, P.S. Alipur, District Gaya, resident of village Goraul, P.O. Kespa, P.S. Alipur, District Gaya

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.... .... Petitioner/s Versus

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The State of Bihar, represented through the Chief Secretary, Government of Bihar, Patna.

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Principal Secretary, Department of Water Resources, Government of Bihar, Patna

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Director, Hydrology, Department of Water Resources, Anisabad, Patna

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Engineer in Chief, South, Water Resources, Government of Bihar, Patna

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Chief Engineer, Water Resources Department, Government of Bihar, Patna.

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Executive Engineer, Uttar Koyal Bitarni Pramandal, Kurtha, Arwal, Water Resources Department, District Arwal

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Commissioner, Magadh Division, Gaya

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District Magistrate, Gaya

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District Magistrate, Jehanabad

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District Magistrate, Arwal

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Baijnath Nirman India Pvt. Ltd., through its Managing Director Niranjan Keshav, resident of Mohalla- East Gandhi Maidan, Jehanabad, P.O., P.S. and District- Jehanabad

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Respondent/s : Mr. AAG10- P.N.SHAHI

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=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL JUDGMENT

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(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH)

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Date: 18-01-2016

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This application, in the nature of public interest litigation, under Article 226 of the Constitution of India, has been filed for

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Patna High Court CWJC No.14414 of 2015 dt.18-01-2016

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setting aside the notice inviting tender, as contained in Tender Inviting Information No. 01/2015-16, published through e-tender system on official website www.eproc.bihar.govt.in for construction of “ weircum-sluice gate and carrier channel within Uttar Koyal Vitarni Pramandal, Kurtha at Dhab river.

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The petitioners claim to be an organization formed by a group of members of the Panchayats, with an object to save their primary source of livelihood, i.e. agriculture, as they apprehend that construction of weir over Nimsar Pain is a serious threat to irrigation facilities available in the area. Nimsar Pain is a branch of Morhar River, which helps irrigating fields of the villagers of altogether 26 Panchayats in the District of Jehanabad, Gaya and Arwal . The petitioners asserted in the writ application, inter alia, that the construction of the weir was being made without Detailed Project Report (DPR) over the said Nimsar Pain.

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Counter affidavits have been filed on behalf of the respondent-State of Bihar. Copy of the DPR has also been brought on record in opposition to the contention that the construction is being made without Detailed Project Report. It is the further stand of the respondent that the construction of weir-cum-sluice has been approved nearly 4 K.M. away from Nimsar Pain.

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Mr. Ajay Kumar Thakur, learned counsel appearing on

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Patna High Court CWJC No.14414 of 2015 dt.18-01-2016

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behalf of the petitioners, has submitted that it would generate a sense of confidence amongst the public of that area if the construction, in question, is carried out under the supervision of the Divisional Commissioner, Magadh Division.

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In view of the stand taken on behalf of the respondent-State of Bihar, we close this proceeding with a direction that Divisional Commissioner, Magadh Division, shall take all possible measures to ensure that the construction of weir-Pain, which forms subject matter of this Public Interest Litigation, is executed in terms of the DPR.

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This application stands disposed of accordingly.

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(I. A. Ansari, ACJ.)

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(Chakradhari Sharan Singh, J.)

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ArunKumar/-

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Roti Bachao Sangharsh Morcha and Anr. v. The State Of Bihar and Ors.

Case brief

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Roti Bachao Sangharsh Morcha and Anr. v. The State Of Bihar and Ors.

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