Dismissed

Aaruni Charitable Trust v. National Highway Authority of India

Patna HC15 Jun 2020CWJC/6164/2020

Case brief

AI extract

What is this about?

This PIL challenged demolition of settlements during the COVID-19 lockdown alleging lack of notice and compensation. The Court dismissed the petition as frivolous and vexatious, intending to impose heavy costs but refraining due to the counsel's inexperience, noting the urgency of the highway project.

What did the court decide?

The writ petition was dismissed without imposing heavy costs on the petitioner.

Aaruni Charitable Trust Vs National Highway Authority of… — Property and Title | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6164 of 2020

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Aaruni Charitable Trust through its Managing Trustee Meera Sinha, Female, Aged about 54 years, W/o Santosh Kumar Srivastava, Having Registered Office at D-1, Shakuntala Apartment, Road No.38, P.O. Anisabad, P.S.Gardanibagh, Patna, Bihar.

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... ... Petitioner/s

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Versus

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National Highway Authority of India through its Chairman, G 5 and 6, Sector 10, Dwaraka, New Delhi.

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The State of Bihar through its Chief Secretary, Main Secretariat, Patna800001.

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Bihar State Housing Board through its Chairman, Vikas Bhawan, Bailey Road, Patna- 800001.

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Divisional Commissioner, Patna.

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The Police Commissioner, Patna, Bihar.

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The District Magistrate, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Akash Keshav, Adv & Mr. Shashwat, Adv For the State : Mr. Anjani Kumar (AAG-4) For the NHAI : Mr. S.D. Sanjay (ASGI) & Mr. Anshay Bahadur Mathur (CGC).

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 15-06-2020 Heard learned counsel for the parties.

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The present writ petition in nature of Public Interest Litigation has been filed not to demolish the settlement situated at Sampat Chak, Patna-Gaya Road, during the period of lockdown as well as to carry out demolition drive only after acquisition of the land with due process of law and in consonance of rights of the settlers.

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Patna High Court CWJC No.6164 of 2020(2) dt.15-06-2020 2/3

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Petitioner claims to be a charitable trust which is working for the homeless and destitutes during COVID-19 Pandemic and are providing relif work to the needy, vulnerable and marginalized population and have further stated that on 07.05.2020 the respondent authorities all of a sudden started the demolition of the houses of the residents without giving prior notice or giving any information under the garb of Highway extension.

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Writ petition in nature of Public Interest Litigation is vague and unspecific. Petitioner has not placed on record case of any land holder, who has been dispossessed in a land acquisition proceeding, without payment of compensation before taking possession over the land for construction of National Highway from Patna to Gaya.

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On account of significance and importance of PatnaGaya National Highway, early construction of which will enure several benefits to State and its people, this Court is monitoring the construction of National Highway from Patna to Gaya and present PIL is a frivolous and vexatious petition which is against public interest and has been filed to obstruct and delay, smooth and speedy construction of Patna-Gaya National Highway, as such, this Court was of the view that present PIL should be

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Patna High Court CWJC No.6164 of 2020(2) dt.15-06-2020 3/3

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dismissed with heavy cost, but finding the learned counsel to be young and new entrant in this profession, this Court refrains from imposing heavy cost while dismissing the present writ petition.

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Accordingly, the writ petition is dismissed.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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ranjan/-

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Aaruni Charitable Trust v. National Highway Authority of India

Case brief

What is this about?

What did the court decide?

Aaruni Charitable Trust v. National Highway Authority of India

Case brief

What is this about?

What did the court decide?

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