In a PIL, the petitioner challenged the laying of a foundation for an electric power grid on a play field. The High Court held that the project serves larger public interest, is on general land, and has local consent, dismissing the writ as misconceived.
Writ application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15056 of 2017
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Krishna Kumar, son of Late Ramchandra Prasad Singh, resident of villageBrahpur, P.S.- Mokama, District- Patna.
.... .... Petitioner/s Versus
.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Suresh Prasad Singh For the Respondent/s : Mr. Anjani Kumar-AAG 4
=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) Date: 28-06-2018
The present writ application has been preferred by way of Public Interest Litigation for issuance of a writ of mandamus commanding the respondent authorities to take appropriate and immediate action for cancellation of the foundation (silanayas) in the play field near Anganbari centre and Middle School, etc. It is the case of the petitioner that in the vacant field near Angabari centre and Middle School and Panchayat Bhawan in village Brampur under
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Mokama Block, the children (students) used to play but the playing field has been encroached by the respondent No.8 and 9 for purpose of establishing an electric power grid for which foundation stone has been laid.
From perusal of the writ application it appears that the South Bihar Power Distribution Company Ltd. has proposed to establish an Electric Power Grid on the land in question.
A counter affidavit filed on behalf of the Circle Officer, Mokama states that the proposed land on which the foundation stone has been laid is a gairmajarua aam land. A report in this regard submitted by Revenue Karmchari has been placed on record as Annexure-8 to the counter affidavit. It is further stated that the Circle Officer, Mokama had issued a general notice on 27.04.2017 (Annexure-3) inviting objections, if any, from the local persons as regards establishing the proposed Electric Power Grid but it is stated that several local persons have given their consent for the construction of the proposed Power Grid under Din Dayal Upadhaya Gram Panchayat Yojana.
We are of the considered opinion that in the facts and circumstances of the case the establishment of Power Grid on the land in question shall serve larger public interest, it is being established in gairmajarua aam land and with consent of the local persons as stated
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in the counter affidavit, therefore, the present writ application is only
misconceived and is an attempt to frustrate the public interest.
The writ application has no merit. It is dismissed.
(Rajendra Menon, CJ)
(Rajeev Ranjan Prasad, J)
Sanjeev/Mukesh
| AFR/NAFR | NAFR |
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| CAV DATE | N/A |
| UploadingDate | 09.07.2018 |
| Transmission Date |
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3 issues framed by the court
Whether the High Court should compel cancellation of the foundation for an electric power grid laid on public land.
Whether the proposed establishment of the Power Grid serves larger public interest.
Whether the Chandnaganj High Court writ application filed by way of Public Interest Litigation has any merit.
Krishna Kumar
The State of Bihar
The Principal Secretary Rural Development Department
The Circle Officer, Mokama
South Bihar Power Distribution Co. Ltd.
Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
