Patna High Court Orders Bihar Sharif Municipal Corporation To Pay Rs 50, 000 Compensation For Illegal Demolition Of Boundary Wall

The Patna High Court, while censuring the Bihar Sharif Municipal Corporation for its high-handedness and lack of proper procedure, has directed the municipal authorities to pay Rs. 50,000 as compensation to a woman whose boundary wall was illegally demolished.

“In view of the categorical statement made in paragraph 15 of the petition, not rebutted by the Municipal Corporation, Biharsharif who also holds the post of Managing Director of the smart city, Biharsharif as also the averment of the District Administration in the considered view of the Court,for such illegal act on the part of the authorities of the MunicipalCorporation, the petitioner is entitled to a cost of Rs. 50,000/-from the respondent no. 6 to be paid to her by a demand draft issued through a local bank within four weeks from today,” the bench of Justice Rajiv Roy said.

Justice Roy further said that it will be open to Municipal Commissioner to fix the responsibility upon the officials who went ahead and demolished the wall without the woman being in the list of encroachers and in absence of any notice to her.

The court ordered that the reconstruction or repair of the wall must be completed by the Municipal Corporation within eight weeks.

It passed the directions on a petition filed by Meena Kumari Sinha, seeking appropriate action against the Municipal Commissioner and other authorities of the Bihar Sharif Municipal Corporation, for demolition of her temporary room and iron rod gate, located on her private land measuring about seven decimals, on February 13 without any prior notice or encroachment on her part.

In response to the petition, a counter affidavit was filed on behalf of the District Magistrate-Cum-Collector, Additional Collector, and the Circle Officer of Nalanda, Bihar Sharif, stating that the land in question was measured twice, once at the petitioner's request and later by the Anchal Amin, and it was found that Sinha's claim of ownership was valid.

Another counter affidavit was filed by the Municipal Commissioner, Junior Engineer, Assistant Engineer, and the Revenue Office of Bihar Sharif Municipal Corporation, stating that there were encroachment proceedings against 127 individuals, but the petitioner's name was not included in the list. The affidavit said that a joint drive with the District Administration was carried out to remove encroachments, but it did not clarify whether the petitioner had been given notice before the demolition.

The District Administration concluded that the demolition of Sinha's boundary wall was wrongful and requested the Municipal Corporation to reconstruct it. The Municipal Corporation, Bihar Sharif expressed willingness to reconstruct the damaged boundary wall.

During the proceedings, the counsel for the Municipal Corporation attempted to shift blame onto the District Administration, claiming the demolition was carried out under the leadership of the Circle Officer. However, the State Counsel refuted this assertion, submitting that it was the Municipal Corporation that executed the demolition.

The court said it is unfortunate that two important authorities of the district are trying to throw ball in each other’s court.

“The admitted facts are that in the list of 127 encroachers, the petitioner did not figure. Further, there is no reply on the point whether she was ever noticed. In the background, it was nothing but high handedness on the part of the Municipal Authorities in straightaway going with the JCB and demolishing the wall of the petitioner,” the court said while disposing of the petition.

Case Title: Meena Kumari Sinha vs. The State of Bihar and Others Civil Writ Jurisdiction Case No.6095 of 2023

Appearance:

For the Petitioner/s: Mr.Pratik Kumar Sinha, Advocate Mr. Vikash Kumar, Advocate

For the State: Mr.Rishi Raj Sinha (SC-19), Mr. Manoj Kumar Sinha, AC to SC-19

For Municipal Corporation : Mr. Gyan Prakash, Advocate

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