The Supreme Court on Monday ordered establishment on a Patna High Court order directing the demolition of the “proposed Waqf Bhawan” constructed “in close proximity” to the “newly inaugurated Shatabdi Bhawan” of the High Court. Waqf Act, 1995; Bihar Municipal Act, 2007; and Bihar Building Bye-Laws, 2014.
A 3-judge bench headed by Justice UU Lalit issued discover on petitions filed by the Bihar State Sunni Waqf Board, Bihar State Building Construction Corporation (BSBCC) and the State of Bihar.
The courtroom will now hear the matter on October 18.
The HC had on August 3 directed the demolition of the construction after discovering that it was constructed with no legitimate clearance plan authorised by a ‘authorities architect’. “Such construction carried out without a valid sanction plan should be treated as an illegality rather than merely an irregularity,” the courtroom mentioned.
The HC additionally concluded that no clearance was obtained from the Parna Municipal Corporation for the constructing.
The Waqf Board in its enchantment argued that the mission was accomplished in accordance with the Waqf Act, 1995 and was authorised by a authorities architect. This signifies that as per sub-rule no. As per 8(1)(a) of the Bihar Building Bye-laws, no permission was required from Patna Municipal Corporation for works carried out by a State Government Department/Bihar State Housing Board, if the plans are signed by the Government Architect. .
“In the present case, the construction plans were approved by the Minorities Welfare Department, Government of Bihar, and the construction map and plan were approved by the Senior Architect of the Bihar State Building Construction Corporation, which is a government company,” mentioned the Waqf Board. opposed. “Therefore, the construction is being done by the State Department and the plan has been approved by the senior architect of the Bihar State Building Construction Corporation, no separate approval was required from the Patna Municipal Corporation.”
The High Court discovered that the development had violated bye-law no. 21, which “makes an exception and an absolute ban on the construction of any building of height more than 10 meters within a radius of 200 meters of the boundary of important buildings, including the High Court”, the Waqf Board identified, together with the state authorities- With the Board “itself agreed to demolish the objectionable portion of the building (i.e. to bring the building within a height of 10 metres)”.
The top of the constructing is about 40-42 toes.
While the matter was confiscated to the HC, a gathering chaired by the Chief Secretary of Bihar, amongst others, headed the High Court with metal/alloy sheets to restrict the peak of the constructing to 10 metres. It was agreed to not use and to display the restrict of Premises for “Musafirkhana”.
It was then introduced earlier than the HC, which nonetheless rejected it, saying it was “too late in the day for damage control”. “The respondents collectively have completely abandoned the statutory provisions and there is a lack of accountability far beyond the extent of mere negligence,” the HC mentioned.
The HC had noticed that the land on which the constructing stood had been used as a graveyard and dargah since historical instances and “no materials or doc has been introduced earlier than us to point that the character of the land was ever The permission for the development was modified to permit the development of the proposed nature”.
Unlike the Waqf Act, which empowers the Board to execute growth works from the Waqf Fund or from funds that may be raised on the safety of the Waqf properties involved, the constructing in query was constructed utilizing funds launched by the Bihar State Minorities Welfare Was. division, it mentioned.
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With inputs from TheIndianEXPRESS
