The Patna High Court dismissed a Public Interest Litigation (PIL) filed seeking removal of encroachment made by the Private Respondent from a piece of land more fully described in the memorandum.
The petitioner also seeks for a direction that over the said land Sant Ravidas Samriti Bhawan may be constructed for which funds have been sanctioned and the Circle Officer, Bhagwanpur has also issued a No Objection Certificate.
The Division Bench of Chief Justice K. Vinod Chandran and Partha Sarthy on reading of the memorandum and also the various annexures produced noted that the authorities are seized of the specific request made by the petitioner and that communications are being exchanged.
“As far as encroachment is concerned, either the authorities or even the petitioner can proceed under the Bihar Public Land Encroachment Act, 1956.”
In so far as the construction of a memorial, that is the policy decision of the State Government and it is not proper for us to precipitate any such construction in a particular piece of land or in a specific location; which direction also would not cater to any public interest , the Bench held.
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