IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16248 of 2008 1. DR.RAM NARESH RAI, SON OF LATE PANCHHI LAL RAI, JOINT SECRETARY, VAISHALI DEVELOPMENT COMMITTEE, RESIDENT OF VILLAGE- VAISHALI, P.O. VAISHALI, P.S. VAISHALI, DISTT.- VAISHALI 2. DR. BANWARI PD. SINGH, SON OF LATE LALIT SINGH, CHAIRMAN, BUDHA DEVELOPMENT SOCIETY, RESIDENT OF VILLAGE- SHYAMPUR, P.O. HOUJPURA, P.S. VAISHALI, DISTRICT- VAISHALI 3. TEJ PRATAP CHOUHAN, SON OF LATE RAJ BALLABH SINGH, GENERAL SECRETARY, GANDHAK GHATI SABHYATA SHODH UNNAYAN PRIYOJNA, BAGMALI HAJIPUR, P.S. HAJIPUR, DISTRICT- VAISHALI 4. AWADHESH KUMAR SINGH, SON OF LATE DHARM DEV PD. SINGH, RESIDENT OF VILLAGE- KUTUBPUR, P.S.- HAJIPUR, DISTRICT- VAISHALI………………. PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 3. THE SECRETARY, ART, CULTURE AND YOUTH DEPARTMENT, GOVT. OF BIHAR PATNA. 4. THE UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF CULTURE, GOVT. OF INDIA, NEW DELHI 5. THE DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA, NEW DELHI…………………… RESPONDENTS ----------- FOR THE PETITIONERS : MR. ABHAY KUMAR SINGH, SR. ADVOCATE WITH MR. SURESH KUMAR, ADVOCATE WITH MR. M. M. JHA, ADVOCATE FOR RESPONDENTS 4 AND 5 :- MR. RAGHIB AHSAN FOR THE STATE :- MR. KRISHNA CHANDRA JHA, A.C. TO S.C. 18 ----------- 8 7-12-2010 Heard the parties. Petitioners have preferred this Public Interest Litigation for issuing necessary directions so that a famous Buddhist site at Vaishali may be properly developed by construction of a Museum and other amenities. Petitioners also want relics of Budha found at that place to be kept in the Museum to be constructed there. 2 Pending for a long period of time, the matter has been ultimately resolved on account of positive decision by the State of Bihar for construction of a Museum to keep Budha relics at that place. Land required for construction of the Museum has been put under process of acquisition and as per counter-affidavit filed today on behalf of District Magistrate, Vaishali, the acquisition proceeding has already made considerable progress and after fixation of rate and preparation of estimate and after giving notice under section 12 of the Land Acquisition Act, possession of the land acquired will be given to the concerned department by 31st. of December, 2010. The necessary funds for acquisition of 2.58 acres of land of village Basak ( Vaishali ) has already been made available to the District Magistrate. In view of the aforesaid favourable development no useful purpose will be served by keeping this P.I.L. pending. But before disposing of the same, as submitted by learned counsel for the petitioners, we would like to draw the attention of the State of Bihar and its functionaries to an important statement made in the counter-affidavit filed in this case on behalf of Union of India. It would be necessary to extract the relevant paragraph-15 of that counter- affidavit which runs as follows :- “ That with regard to the Statement made in paragraph no.25 of the writ petition it is stated that the Ministry of Culture, Government of India has not received any proposal from Govt. of Bihar for construction of a Museum at Vaishali. It is stated that on a verbal request from the Chief Minister of Bihar, the letter dated 11.9.06 has been written by the Union Minister of Tourism & Culture, Hon’ble Minister ( T & C ), whereby assurance for providing funds for this project was made during Financial year 2006-07, subject to a proposal being submitted by the Government of Bihar. Since no proposal was received from Government of Bihar, the same could not be considered.” 3 It is expected that the concerned authorities of the State of Bihar shall take prompt steps at the earliest and in any case within three months so that maximum assistance from the Union of India, as per its own stand quoted above, may be obtained for setting up a Museum of international Buddhist interest at Vaishali ( Bihar ). The writ petition is disposed of. It goes without saying that all efforts shall be made to complete the construction of the Museum and develop the important Budhist site at Vaishali without any delay, preferably within one year. Naresh ( Shiva Kirti Singh, J.) ( Dr. Ravi Ranjan,J)