JUDGEMENT
Chandramauli.Kr.Prasad, J. -
(1.)This application has been filed for quashing the notice dated 10.4.2004 (Annexure 5) whereby the petitioner has been asked to remove the unauthorised construction made within the premises of the District Bar Association, Civil Court, Patna by 17th of March, 2004 failing which it has been informed that the same shall be demolished and the cost of the same shall be realised from the petitioner.
(2.)Shorn of unnecessary details facts giving rise to the present application are that the petitioner is the District Bar Association and this writ application has been filed on its behalf through its General Secretary. An agreement dated 9th day of March, 1939 was entered between the Governor of Bihar and District Bar Association, hereinafter referred to as the Association, by which a plot of land measuring 0.72 acres in Patna Civil Court compound was demised in favour of the petitioner for construction of building of the Association on various conditions. The conditions which are relevant for the purpose of decision in the present application are as follows :--
"Firstly:--That the plans of the proposed building shall first be approved by the Superintending Engineer, South Bihar Circle, before construction is commenced and that the building shall be completed in accordance with such plans. No alterations or additions shall be made to the building without the previous sanction of the Superintending Engineer, South Bihar Circle. Fourthly :--That the District Bar Association, Patna, shall not without the previous sanction of the Government in the public works Department devote the said land and building to any other purpose than that for which the erection of the building is now permitted that is to say, the accommodation of the District Bar Association, Patna, the holding of its meetings and functions and that it shall not lease out or otherwise of dispose of the whole or any portion of the building. If the District Bar Association, Patna, breaks either of the above conditions the Government shall be entitled to require the aforesaid association to relinquish the entire building and site on one month's notice and it shall relinquish the same and shall have no claim to any compensation whatsoever Fifthly :--That the District Bar Association shall not by reason of being allowed to erect the said building on the said Government land acquire or be entitled to any right or interest whatsoever in the soil or ground upon which such building is erected save and except the right to enjoy and use the said building subject to conditions of this agreement. Ninethly :--That the District Bar Association, Patna, shall not erect any building on or attempt in any other way to make profit out of the strip of land measuring 27/32 ft. in width towards the eastern extremity of and included in the plot of land hereby permitted to be used and occupied by the District Bar Association, Patna and shown in the site plan attached herewith; and to ensure that this strip of land remains open and is not used as a Hackney Carriage or Ekka Stand, the Association shall enclose the same. Provided that the well standing on this strip of land will be made available to the public for drinking purposes,"
(3.)According to the petitioner, on account of acute shortage of accommodation to the members of the Association and finding that they have to work under subhuman conditions due to lack and proper decent sitting and working conditions, the Association on 1.10.2003, resolved to construct more chambers for accommodation of advocates and for this purpose, it decided that pucca construction be made on the 1st and 2nd floor over the shops which are existing since last about 40-45 years. In the light of the aforesaid resolution, ten Advocate's Chambers over the shops besides one dispensary on the 1st floor, were also constructed for use of the members and extending medical help to them. Thereafter as resolved the Association constructed 11 Chambers on the 2nd floor and according to them, they had already allotted the chambers to its members and the chambers on the 1st floor have already been occupied.
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