"It Poses Serious Security Concerns", Patna HC Takes Judicial Notice Of A 'Huge Structure' Located Adjacent To The Newly Inaugurated Centenary Building

The Full Bench of Justice Ashwani Kumar Singh, Justice Vikash Jain, Justice Ahsanuddin Amanullah, Justice Rajendra Kumar Mishra, and Justice Chakradhari Sharan Singh took the Judicial notice while reserving its Judgment in a matter.

Interestingly, the Court was, for the very first time, conducting proceedings in the Centenary Building of the Patna High Court which was inaugurated by the Chief Justice of India SA Bobde on 27^th February 2021.

In order to ascertain the legitimacy of the building/huge structure, the Court called upon the Registrar General and the Court Officer and inquired from them, as to whether any information had been given to the High Court prior to the erection of the building.

The Court also asked them if they were aware whether the ongoing construction of the structure is being carried on after due approval of the map in accordance with the law.

In response to this, the Registrar General informed the Court that the District Magistrate and the Municipal Commissioner were called by him a few days ago and he enquired about the legitimacy of the structure, however, they could not offer any satisfactory reply at the time.

Significantly, the Municipal Commissioner had expressed doubts that approval of the plan had been accorded for the ongoing construction.

In views of this submission, the Court opined

"The existence of the structure in such close proximity of the High Court building, apart from causing incessant disturbance in court proceedings, prima facie, poses serious security concerns for the Judges, lawyers, litigants, staff and security personnel alike."

Further, the Court thought it appropriate that the matter be brought to the notice of the Chief Justice for taking it up on the judicial side to consider, inter alia, the following aspects:

• Who is constructing the building, and at whose instance it is being constructed?
• Whether such person has right and title over the land on which the construction is being made?
• Whether the map of the building has been duly approved by the Patna Municipal Corporation and the construction is in accordance with the approved plan?
• What is the proposed use of the building?

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