IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13723 of 2009 BIKRAM KUMAR, Son of Late Bhutti Narain Mahto, Resident of Mohalla-Loknusarai, Police Station Sasaram Town, District Rohtas. ………………………………..Petitioner. Versus 1.THE STATE OF BIHAR through its Secretary Urban Development Department, Govt. of Bihar, Patna. 2.The Sasaram Nagar Parishad through its Executive Officer, Sasaram. 3.The District Magistrate, Rohtas at Sasaram. ………………………………..Respondents. ----------- 2/ 15.10.2009 Heard learned Counsel for the petitioner and the State. In view of nature of the order proposed to be passed, no notice need be issue to Sasaram Nagar parishad Municipal Authority or its executive officer. The petitioner has preferred this Public Interest Litigation seeking a direction that the Nagar Parishad at Sasaram be prohibited from going ahead with its plan to construct shops over drains situated by the side of roads. According to the petitioner, construction of such 2 shops over drains will interfere with the flow of water and garbage in the drains and affect public interest adversely. Policy matters are within the domain of the competent authorities like Nagar Parishad and hence, this Court would not like to interfere in the matter except to point out that public interest should be one of the paramount concerns while framing a policy. If, at all a decision has been taken to construct shops over drains situated by the side of public roads, the Nagar Parishad must examine the construction plan thoroughly to ensure that flow of water and other garbage through drains is not at all obstructed on account of such construction and in fact, if, there be any impediments in the flow of water in such drains such 3 impediments should be removed before construction of any shops. For the satisfaction of the petitioner, besides making the aforesaid general observation we grant him liberty that he may approach the respondent no. 2 through a representation, which should be disposed of at an early date, preferably within six weeks of filing. kksinha/- (Shiva Kirti Singh, ACJ.) ( Shyam Kishore Sharma, J. )