Patna High Court
Park Vikas Evem Anurakshan Samiti vs The State Of Bihar on 13 July, 2023
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6761 of 2023
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Park Vikas Evem Anurakshan Samiti B-48, Sachivalaya colony, P.O.- Lohiya
Nagar, P.S.- Patrakar Nagar, Town and District- Patna, a society registered
under society registration Act, 1860 through president Ramesh Prasad Singh,
age about 73, son of Naresh Prasad Singh, Resident of A-1, Sachivalaya
Colony, Kankarbagh, Post Office- Lohiya Nagar, Police Station- Patrakar
Nagar, Town and District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary Town and Urban Development
Department, New Secretariat, Patna.
2. The Chief Conservator, Forest, State of Bihar, Patna.
3. Deputy Secretary, Department of Forest, Bihar, Patna.
4. The Divisional Officer, Environment and Forest, Nehru Nagar, Patliputra
Colony, Patna.
5. The District Collector, Patna.
6. The Vice Chairmen, Municipal Corporation, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Krishna Mohan Mishra, Advocate
For the Respondent/s : Mr. Anjani Kumar, AAG-4
Mr. Alok Kumar Rahi, A.C to AAG-4
For the PMC : Mr. Sanjay Prakash Verma, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date : 13-07-2023
1. The petitioner is before this Court seeking for entrusting the management of a park situated at Kankarbagh, in Sachivalaya Colony, so as to keep it in good shape for the welfare of the residents of Sachivalaya Colony and avoid misuse by anti-socials. The petitioner also relies on the notification dated 06.08.2015, brought out by the Environment, Patna High Court CWJC No.6761 of 2023 dt.13-07-2023 2/3 Forest and Climate Change Department, State of Bihar (in short 'the Department').
2. The learned AAG appearing for the State points out that in 2014, a policy decision was taken by the government that all the parks situated in the State would be looked after by the Department, pursuant to which the notification was issued by the Department. In fact, the constitution of a committee, as seen in the notification has to be by the Department and no privately constituted committees can approach the Department for entrusting the maintenance of a park to itself.
3. Again in 02.02.2021, a decision was taken by the Cabinet of Ministers that the parks situated in all municipal areas of the State would be developed and maintained by the Department and as per that decision, all the parks were handed over to the said Department. The Department, in fact, in maintenance of the parks, is also said to be taking the suggestions of the local residents.
4. We do not think that the petitioner can be entrusted with the maintenance of the park, despite their assertion that they would be the best persons to maintain the park. In fact, we have to specifically notice paragraph No. 11 of the counter affidavit dated 25.04.2023, filed by the DFO, Patna Park Patna High Court CWJC No.6761 of 2023 dt.13-07-2023 3/3 Division, wherein, it has been stated that a few members of the petitioner's samiti have been encroaching upon the park and also making constructions.
5. We find no reason to entertain the Public Interest Litigation and the same is dismissed.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
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