IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9970 of 2008 DR.ANIL KUMAR SINGH, SON OF LATE SHEO MANGAL PRASAD SINGH, RESIDENT OF NAGESHWAR COLONY, BORING ROAD, P.S. BUDHA COLONY,TOWN AND DISTRICT PATNA. Versus 1. THE STATE OF BIHAR. 2. PATNA MUNICIAPAL CORPORAITON THROUGH ITS CHAIRMAN. 3. CHAIRMAN, PATNA MUNICIAPAL CORPORAITON, PATNA. 4. DISTRICT MAGISTRATE, PATNA. 5. SUB-DIVISIONAL MAGISTRATE, PATNA. ----------- 09. 09.12.2010 Heard learned counsel for the petitioner and Sri Chandrashekhar, learned senior counsel for the Patna Municipal Corporation(hereinafter referred to as the PMC), who prays for time to file reply to the averments made in I.A. No.4123 of 2008, which was served on the counsel for the PMC much earlier and taken up for consideration by this Court on 17.12.2008, in response to the deliberations made by this Court on 17.12.2008 letter dated 17.12.2008 was issued to the authorities of the PMC by the counsel for the PMC so as to enable the PMC to dispute the averments made therein in the light of the orders of this Court dated 17.12.2008. The authorities of the PMC having not chosen to respond to the aforesaid order of this Court and letter of the counsel dated 17.12.2008, I am not inclined to grant any further time to the PMC for disputing the averments made in I.A. No.4123 of 2008. 2. Petitioner approached this Court on 7.7.2008 with the instant writ petition apprehending demolition of his - 2 - boundary wall by the authorities of the PMC praying inter alia to direct the authorities not to demolish the wall. Later in the same evening boundary wall of the petitioner was demolished by the authorities of the PMC as also his land was dug to the extent of 4 feet depth on 9.7.2008. On 12.7.2008 the authorities of the PMC fell six Sisam, five Ashok and two Mango trees. The timber was also taken away by the authorities of the PMC. The trees were full grown and length of the Sisam tree was 40- 45 feet. Information about felling of the boundary wall, trees and digging of the land to the extent of 4 feet depth for laying the drain was given to this Court on 16.7.2008 by filing I.A. No.4123 of 2008. Having appreciated the contents of the interlocutory application this Court under orders dated 23.7.2008 noted the submission of the petitioner that the construction including the boundary wall was raised in the year 1967 after the map was approved by the Patna Improvement trust. Having appreciated such submission this Court under orders dated 23.7.2008 granted status quo in the matter. I.A. No.4123 of 2008 was taken up for consideration by this Court on 17.12.2008 after filing of the counter affidavit by the PMC. This Court having noticed the averments made in the interlocutory application directed the authorities of the PMC to file supplementary counter affidavit refuting the allegations made in the supplementary affidavit and I.A. No.4123 of 2008. 3. In response to the direction of the High Court, - 3 - learned counsel for the PMC appearing in the matter under letter dated 17.12.2008 itself directed the authorities to file supplementary counter affidavit to the allegations made in I.A. No.4123 of 2008 specifically informing the authorities of the PMC that the matter has been directed to be again taken up in January 2009. In spite of indulgence granted under orders dated 17.12.2008 duly modified under orders dated 22.12.2008 the authorities of the PMC have not chosen to deal with the averments made in I.A. No.4123 of 2008, whereunder petitioner has categorically stated about the demolition of the boundary wall, felling of the trees and digging of his land to the extent of 4 feet for laying the drain. 4. During the hearing of the petition counsel for the PMC confirmed that there is no proposal for widening the road in question or to lay the drain. The assertion made by the petitioner that the boundary wall was demolished in the evening of 7.7.2008, the land was dug on 9.7.2008 to the extent of 4 feet depth and the trees were felled on 12.7.2008 have not been disputed by the PMC by filing supplementary counter affidavit as was directed under orders dated 17.12.2008 duly modified under orders dated 22.12.2008. 5. In the circumstances, there is no difficulty in accepting the submission of the counsel for the petitioner that boundary wall was demolished, trees were felled and the land was dug to the extent of 4 feet by the authorities of the PMC - 4 - without resorting to procedure in accordance with law. Accordingly, there is no difficulty in holding that the authorities of the PMC have proceeded in a wholly unreasonable manner to the detriment of the petitioner. In the circumstances, the authorities of the PMC are directed to raise the boundary wall of the petitioner and to compensate him for the loss of the trees, as early as possible, in any case, within two months from the date of receipt/production of a copy of this order before the Municipal Commissioner, PMC. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)