Park Vikas Evem Anurakshan Samiti vs The State Of Bihar
2023 Latest Caselaw 3009 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6761 of 2023
     ======================================================

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 ====================================================== 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 ====================================================== 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

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

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)

Prakash/avinash
AFR/NAFR
CAV DATE                N/A
Uploading Date
Transmission Date       N/A