Disposed

Samrendra Nath Bhowmik v. The State of Bihar and Ors.

Patna HC11 Jul 2019CWJC/3839/2019

Case brief

AI extract

What is this about?

The Single Judge disposed of a writ petition filed by a resident of Bhagalpur seeking a direction to prevent rainwater entering his house due to raised roads. The court directed the District Collector, Municipal Corporation, and Road Construction Department to verify tender conditions and ensure compliance with prior Division Bench orders regarding road construction height and drainage.

What did the court decide?

Respondents directed to look into the grievance, verify if tender notice followed the Division Bench judgment, and take remedial measures if compliance was not met.

Samrendra Nath Bhowmik Vs The State of Bihar and Ors. — Land Acquisition | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3839 of 2019

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Samrendra Nath Bhowmik, aged about 62 years, Male, S/o Late Tara Pada Bhowmik R/o Mohalla Bari Khanjarpur P.S. Barari, District – Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary Government Of Bihar Patna

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The Chief Secretary Government of Bihar Patna Bihar Patna

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The Principal Secretary Revenue and Land Reforms Government of Bihar Patna Bihar Patna

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The Principal Secretary Road Construction Department Government of Bihar,Patna

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The District Collector Bhagalpur

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The Administrator ,Municipal corporation Bhagalpur

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Alok Ranjan, Advocate For the Respondent/s : Mr.Md. Khurshid Alam (AAG12)

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT

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Date : 11-07-2019

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Petitioner in the present case is seeking the

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following reliefs:

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“(i) For restraining the respondents to enhance the height of the road by making construction over the existing road and further directing the respondents to construct the road after dismantling the old existing road as settled by this Hon’ble court through various judicial pronouncements, due to illegal act of the authorities the height of the road will increase and dirty rain and drainage water will flow in the house of the petitioner and for that the petitioner is compelled to approach this Hon’ble

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Patna High Court CWJC No.3839 of 2019 dt.11-07-2019 2/7

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Court by way of filing instant writ application or, (ii) For any other appropriate relief/reliefs to which the petitioner is found entitled in the facts and circumstances of this case.”

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It is the contention of learned counsel for the petitioner that the petitioner is resident of Mohalla – Bari Khanjarpur, P.S. - Barari, District – Bhagalpur where the respondent authorities have floated NIT for construction of road and the same is being constructed. The petitioner submits that the construction of road is being done in complete violation of the statutory provisions as well as the law laid down by judicial pronouncements on the subject from time to time by this court.

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It is submitted that the height of the road is being raised considerably as a result whereof the house of the petitioner and similarly situated will be going down and drainage water as well as rain water will flow in the house of the petitioner.

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In the given facts and circumstances of the case, the petitioner is said to have represented before the respondent authorities along with a copy of the order which

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Patna High Court CWJC No.3839 of 2019 dt.11-07-2019 3/7

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was passed earlier in CWJC No. 18636/2015(Samrendra Nath Bhowmik Vs. State of Bihar and others), copy of which has been enclosed as Annexure ‘2’ to the writ application, but then, the respondent authorities are not taking care of the same. Petitioner has also filed a contempt application which is pending consideration.

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Learned counsel for the State submit that in the present circumstance appropriate direction may be given to the respondent authorities to look into the grievance of the petitioner and redress the same in accordance with law.

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Having heard learned counsel for the petitioner and the State, this court is of the considered opinion that the grievance of the petitioner must be looked into by the District Collector, Bhagalpur (Respondent No. 5) and the Administrator, Municipal Corporation, Bhagalpur (Respondent No. 6). A similar grievance was subject matter of consideration as back as in the year 2010 before Hon’ble Division Bench of this court in CWJC No. 4839/2010 (Deepak Mukherjee Vs. State of Bihar and others) and CWJC No. 14831/2009 (Jawahar Lal Vs. State of Bihar and others) which were disposed of on 19.04.2010

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Patna High Court CWJC No.3839 of 2019 dt.11-07-2019 4/7

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after taking note of the submission of the then learned Advocate General that the authorities of the State Government are deliberating to adopt either the cold recycling method or the hot recycling method and on instruction, and in course of hearing of the said case the Engineer-in-Chief of Road Construction Department and Chief Engineer of Urban Development Department submitted that they would see to it that the house owners and inhabitants of the entire urban area of the State of Bihar are not affected because of construction of road.

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Taking note of the submission the Hon’ble Division Bench passed the following orders : -

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“(i) The roads that have been constructed till today by raising the heights shall not be disturbed but appropriate method shall be adopted by taking recourse to scientific and sophisticated device as a consequence of which the rain water does not enter into the houses of the house owners and inhabitants of the area and no inconvenience is caused.

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(ii) When we have said scientific and sophisticated method that would include adequate drainage system which would not cause any inconvenience by introduction of such a system.

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(iii) All the authorities, namely, Road Construction

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Patna High Court CWJC No.3839 of 2019 dt.11-07-2019 5/7

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Department, Urban Development Department, Public Works Department and the Municipal Corporation shall work in harmony and develop the pilot project by identifying such roads where either the Cold Recycling Method or Hot Recycling Method are to be introduced to ensure that the height of the roads are not increased. The said exercise of identification for incorporation in the pilot project in either of the modes shall be completed by 20^th of June, 2010 positively.

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(iv) Till new methods are taken recourse to for the purpose of construction of the road appropriate and adequate measures shall be taken by constructing the roads in such a manner that the height of the roads are not increased ordinarily beyond the Plinth area and under no circumstances cause any inconvenience to the inhabitants of the locality.

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(v) Wherever the height of the road is increased as a result of which inhabitants are affected, they are at liberty to bring it to the notice of the Collectorcum-District Magistrate of the District who shall look into the same in quite promptitude and take appropriate action by bringing it to the notice of the experts.

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(vi) The notice inviting tender for repair, maintenance and construction of work shall carry the stipulations which have been incorporated herein so that the contractors who are assigned the work do not behave in their own manner creating inconvenience and disturb the life pattern of the citizens by increasing the height of the roads.

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Patna High Court CWJC No.3839 of 2019 dt.11-07-2019 6/7

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(vii) Any contractor, who would deviate from the stipulations, shall be visited with the order of rescission of the contract and face such other penal consequence which shall be provided in the contract.”

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The order-sheet shows that in the said case late Pradhan Jwala Prasad, a retired Chief Engineer had rendered assistance to the Hon’ble Division Bench.

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After the order of the Hon’ble Division Bench of this court in the light of the submissions of the department if the roads are not being constructed abiding by the conditions mentioned therein, it may be a case of contempt simplicitor, however, learned counsel for the petitioner has informed this court that a contempt is already pending, therefore, this court would not be going into that aspect of the matter.

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Let the respondent nos. 5 & 6 look into the grievance of the petitioner, find out whether the notice inviting tender was issued in terms of the judgment of the Hon’ble Division Bench of this court and in case it has so been issued then whether the contractor has complied with the said condition. If the condition so prescribed is not

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Patna High Court CWJC No.3839 of 2019 dt.11-07-2019 7/7

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being complied with, the respondent nos. 5 & 6 shall take remedial measures to make the work compliant and in consonance with the judgment of the Hon’ble Division Bench. The Principal Secretary, Road Construction Department, Government of Bihar (respondent no. 4) shall equally look into the matter to ensure compliance which will in fact be redressal of the grievance of the petitioner.

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The writ application stands disposed of accordingly.

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(Rajeev Ranjan Prasad, J)

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Rajeev/-

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AFR/NAFR
CAV DATE
Uploading Date	25.07.2019
Transmission Date

Samrendra Nath Bhowmik v. The State of Bihar and Ors.

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Samrendra Nath Bhowmik v. The State of Bihar and Ors.

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