IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.976 of 2006 SHABRI SOCIAL WELFARE FOUNDATION Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Manoj Kumar Ambastha, Advocate For the respondents : Mr. Vikash Kumar, JC to Advocate General ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 21st July, 2008. This writ petition is in the nature of public interest litigation. The issue that has been raised in the writ petition relates to installation of the statue of K.C.Surendra Babu over the land bearing Khesra no.61 (Khata no.50) having an area of 1.34 acres at Munger. The grievance of the petitioner is that the area over which the statue of Late K.C.Surendra Babu is sought to be installed is part of protected area declared as „Munger Kila Khai Samet‟. 2. The issue that requires our consideration is: Whether Khesra No.161 ( Khata No.50) having an area of 1.34 acres over which the statue of Late K.C.Surendra Babu is sought to be installed is part of protected area „Munger Kila Khai Samet‟. 3. Counter affidavits have been filed on behalf of the respondents no.2 and 4. A supplementary counter affidavit has also - 2 - been filed by respondent no.4. 4. It is the case of the respondents that the plot over which the installation of statue of Late K.C.Surendra Babu is to be done, is not covered by the notification dated 17th January, 2001. It is stated in the supplementary affidavit of the respondent no.4 that the area for the purposes of installation of statue of Late K.C.Surendra Babu is „Mahal‟ under Kila, Tauzi No.1333, Khata no.50, Khesra no.61/67, area 1.34 acres and the nature of land is „Parti Kadim-Gair Mazrua Kaisr-e-Hind‟. 5. The notification dated 17th January, 2001 has been placed on record by the petitioner as Annexure-3. The description of the land reserved for monuments, „Munger Kila Khai Samet‟ as per the said notification is thus: “ Khata No.317, Plot No.161 having an area 20 acres 33 decimal, Plot No.402 having an area 12 acres 80 decimals, bounded by Khai.” 6. The Bihar Ancient Monument and Archaeological Sites Remains and Art Treasures Act, 1976, (for short, „Act, 1976‟) came to be enacted to provide for preservation of ancient monuments and archaeological sites and remains other than those declared by or under law made by Parliament to be of national importance; for the regulation of archaeological excavations and for the protection of antiquities in the State of Bihar. 7. Inter alia, section 18 of the Act, 1976 provides that no - 3 - person, including the owner or occupier of a protected area, shall construct any building within the protected area without the permission of the State Government. That the permission of the State Government for construction of the statue of Late K.C. Surendra Babu has not been taken is not in dispute. 8. Since there is a serious dispute with regard to exact location of the area for installation of the statue of Late K.C.Surendra Babu, in our view, it would not be proper for us, nor it is possible to do, so to determine the said question on the basis of the available material. 9. In the interest of justice, we are satisfied that following order will sub- serve the ends of justice: (i) The Director of Archaeology, Government of Bihar shall demarcate the area declared as protected area vide Notification dated 17th of January, 2001. (ii) The demarcation shall be done after giving due notice to the petitioner and in the presence of the revenue authorities of Munger. (iii) In case, on the basis of demarcation so done, it is found that Khesra No.61/67 ( Khata no.50) area 1.34 acres is part of the protected area, nothing further shall be done for the installation of the statue of Late K.C.Surendra Babu in that area until the permission of the State Government under Section 18 of the Act, 1976 is granted. - 4 - (iv) On the other hand, if the land bearing Khesra No.61/67 (Khata no.50) measuring 1.34 acres, falls outside the protected area, there will be no impediment in going ahead with the installation of statue of Late K.C.Surendra Babu at that place. 10. Order accordingly. R.M. Lodha, CJ. Kishore K. Mandal, J. Sunil