. The respondents stand is that the land of Chowk Police Station is under the Home Department and it is very important police station of Patna City being nearer to the Gurudwara Sahib where devotees visit in large numbers. Thus the land of the Chowk P.S will become less in the coming years. Even if this land of the Police Station is acquired, there will be two turnings and the land of the existing road will thus become useless.

31. The respondents contention is that even after the acquisition of the land of the petitioners, they are left with 120 feet x 147 feet of their land which they can use for their business purpose and as such, contrary to their contention, they are not deprived of their livelihood.

32. The report further mentions that Bishwanath Das and Shambhu Nath Das (petitioner nos. 1 & 3) have encroached 10 feet x 85 feet land of Municipal Corporation which is Government land and have also constructed a house in acquired Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 14/36 Plot No-407 of the Road Construction Department. Further, they are making commercial use of Plot No- 408 of the land of 'Yatimkhana Anjuman Khadimul Islam Kashmiri Kothi', Patna City by encroaching it. Thus, they are encroachers for their benefits are creating hindrance in the important ambitious government project.

33. The State-respondents contended that the nature of the land in question has been decided as the residential branch road on the basis of the MVR of Municipal Ward No-26, Sheet No-242 (Jhauganj) which is adjoining to Mauja- Sukumarpur, Thana No-341 in view of the provision under Section-26(3) of 'the 2013 Act'.

34. Further, the higher rate of the average of the sale deeds from 15.09.2020 to 15.09.2023 and the MVR has/have been taken into account. The average of the sale deeds has been calculated to be 13,20,59,111.00 per acre and the MVR is 10,00,00,000.00 per acre. Thus, the higher rate of Rs. 13,20,59,111.00 per acre has been determined for payment of the compensation amount to the raiyats.

35. The last contention is that the Commissioner, Patna Division has given his approval in this regard for the said rate of Rs.-13,20,59,111.00 per acre vide letter no-71, dated- Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 15/36 23.12.2023 and the Collector, Patna after the approval has further given approval of the estimate proposal of Rs.-1 7,51,64,254.00 of the said mauja. The petitioners have been put on notices on 11.03.2024 and 28.03.2024 under Section 37 (2) of 'the 2013 Act' in LA Case No. 13/2023-24 and in that background, the writ petition is fit to be dismissed.

SUBMISSIONS :

Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 16/36 Secondly, no effective hearing took place in compliance of Section 15 of the Act. He submits that Section 8(e) of the Act provides that " the land if any acquired earlier and remain unutilised, used for such public purpose and make recommendation in respect thereof".

38. He submits that in the present case, the land of the Police Station has been acquired earlier and substantial portion of it has remained unutilised even after construction of the new modern police station.

39. Learned Senior Counsel submits that the suggestion of petitioners to use the unutilised land of the police station was not accepted by the committee formed for such purpose on the pretext that the vacant unutilised land of the police station is going to be used for construction of new T.O.P building. However this finding is contrary to an RTI query from the office of the Senior Superintendent of the Police, Patna vide memo no.2333 dated 30.03.2024 wherein it has been informed that there is no proposal for construction of new building within the existing vacant land of police station.

40. Learned Senior counsel has relied on a decision of Hon'ble Apex Court in the case of Raghbir Singh Sehrawat Vs. State of Haryana & Ors. reported in 2012 (1) SCC 792. Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 17/36 Paragraph 43 of the said order read as follows:-

41. He further relied on another decision of the Apex Court in the case of Rajinder Kishan Gupta and Another vs. Union of India & Others reported in 2010 (9) SCC 46 wherein similar proposition has been held at paragraph- 10 as follows:

Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 19/36

42. Another decision cited by him is in the case of Kamal Trading Private Ltd. Vs. State of West Bengal & Orthers reported in 2012 (2) SCC 25. Paragraph 14 to 16 read as follows:-

43. Learned Senior Counsel lastly refers to the Hon'ble Apex Court decision in the case of Hindustan Petroleum Corporation Ltd., vs. Darius Shapur Chenai and Ors. reported in 2005 (7) SCC 627. He placed reliance on paragraphs nos. 6, 16 to 18 and 29 which read as follows:

Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 24/36 THE STAND OF THE RESPONDENTS

44. Learned Advocate General, Mr. P.K. Shahi representing the State on the other hand submits that the J.P. Ganga Path (River Front Road) has now come into existence and is being used by the commuters from the West to East successfully thus easing the traffic in the old Patna City and the State Government further proposes to extend it towards the East.

45. He submits that the Technical Experts found the route envisaged as Link Road to be the best suited and though the objection of the petitioners was/were there, ultimately, it is the State Government which has to decide what should be the best route of a particular road. The petitioners can put forward their view points but cannot dictate the terms. The proposal given by them was not found feasible by the Committee constituted by the D.M., Patna and thus the petition was rejected.

46. It is his submission that due care was taken on the petition/representation preferred by the petitioners and on 05.08.2023, the Collector, Patna constituted a Committee consisting of all the important officials who having found the alignment proposed by the petitioners not proper as also cost Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 25/36 effective submitted a report on 07.08.2023. The petition was finally rejected on 16.11.2023.

47. He concluded his argument by submitting that in such cases, on the basis of the report submitted by the Technical Experts, it is the authorities who are the best one to judge what actually should be the route.

48. Having heard the learned Senior counsel for the petitioners as also the learned A.G., the facts that emerges is/are that:

49. The petitioners have only one contention to put forward, if the road crosses through a part of the Chowk Police Station, their land can be spared. The respondents have reasoned out to reject the said prayer on the ground that:

50. So far as the reliance placed by the petitioners on the Hon'ble Apex Court judgment in Raghbir Singh Sehrawat Vs. State of Haryana & Ors. (supra) is concerned, in the opinion of the Court, the petitioners do not come under the deprived sections of the society nor this is an agricultural land. Further, a small portion of the land is being acquired. The respondents have given reason that by acquiring this land, not only lesser land will be acquired, it will facilitate smooth movement of traffic.

Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 29/36

51. With regard to the next case cited of the Hon'ble Supreme Court decision in Rajinder Kishan Gupta and Another vs. Union of India & Others (supra), it has to be noticed that the petitioners are proposing a different route/alignment where the Chowk Police Station is situated. The respondents have already clarified that this will lead to a larger acquisition of land plus unnecessary bends which may be traffic hazard beside jam. This beside the importance of the Chowk P.S. being situated in a densely populated place and as such its further expansion has to be kept into mind.

52. Again, so far as the reliance placed on Kamal Trading Private Ltd. Vs. State of West Bengal & Orthers (supra) is concerned, it has to be noted that here that the Collector, Patna did constituted a committee with a direction to submit a report. The committee came to the conclusion that this is the most viable route having lesser bend and straightway connects to Ashok Raj Path. It has been acquired for the public purpose. Further, the order dated 16.11.2023 clearly show that it has been incorporated therein that the petition was not submitted in line with the section 15 (2) of 'the 2013 Act' and in that background, that petitioners cannot now go back and claim that Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 30/36 the State government ought to have taken the decision.

53. So far as the case of Hindustan Petroleum Corporation Ltd. vs. Darius Shapur Chenai and Ors. (supra) cited by the petitioners is concerned, two things have been dealt with in the order:

54. Here the respondents have fully explained the public purpose for which the land is being acquired. Further, the petitioners are not aggrieved by the compensation amount and no such contention has been raised here either. There has been complete application of mind on their part so far as the acquisition of the land in question is concerned.

55. This Court has taken note of an order of the Hon'ble Apex Court in the case of G. Narsing Rao (died) THR. LRS Vs. The National Highway Authority of India & Anr. in Special Leave to Appeal (C) No(s) 9314-9315/2022 which read as follows:

56. Further, in the case of Ramji Veerji Patel & Others Vs. Revenue Divisional Officer & Others reported in (2011) 10 SCC 643, the Hon'ble Supreme Court held that where the land proposed to be acquired and the alternative land suggested by the commuters/persons interested are equally suitable for the purpose for which the land is being acquired, the satisfaction of the Government, if not actuated with ulterior motive, must get primacy. In the judicial review, it is not open to the Court to examine the aspect of suitability as a Court of appeal and substitute its opinion.

57. Recently, a bench of the Patna High Court in the case of Lalita Devi & Anr. Vs. The State of Bihar & Ors. Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 32/36 (C.W.J.C No. 4562 of 2022 and analogous cases) reported in 2024 (2) BLJ 19 dealing with similar matter held in paragraph nos. 207 and 208 which read as follows:

CONCLUSION:

58. This Court thus holds that it is the Government authorities/Technical Experts who are the best persons to decide what should be the route of road/metro/railways/highways. The aggrieved persons do have the right to put forward their Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 33/36 proposal but they cannot dictate terms. The decisions taken by the authorities/experts cannot be questioned unless it is proved that the same has been done with an ulterior motive.

59. Further, the Court cannot put its eyes away on the stand of the respondents that two of the petitioners herein have encroached the land of Municipal Corporation by making 'pucca' construction as also are making commercial use of the 'Yatimkhana Anjuman Khadimul Islam Kashmiri Kothi', Patna City.

60. In the aforesaid background, no relief can be extended to the petitioners. A decision taken by the authorities must also be followed by its immediate implementation and delaying any project only because an objection has been put forward by the aggrieved persons for their personal benefits, hampers not only the development process, it greatly enhances the cost of construction. Time has come for the respondents to fix a time frame by which the objections are considered and taken to its logical conclusion so that the project envisaged moves on the track in time.

61. However, before parting, a word of caution for the respondents. It is seen that in the construction of the J.P. Ganga Path and the Link roads, those involved in the Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 34/36 construction works have completely ignored the environment issues forcing the citizen of the Capital City to suffer. The debris are being thrown in the river ganges in full public view, the sand that has been laid to use makeshift road parallel to the river for the movement of their vehicles/machines keep the entire walking track as also the Patna University area/the N.I.T., Patna dusty as rarely waters are sprinkled on this makeshift pathways. Heavy re-suspension of dust in the air can be observed due to movement of the construction vehicles. The city is getting choked and this is being witnessed/suffered by the helpless citizen.

62. It seems there is no monitoring cell in the District Administration to put a check on all these violations/environmental hazards. No wonder, Patna was declared the second most polluted city of the country on 05.05.2024 by the Central Pollution Control Board ( CPC B) after they surveyed 247 cities of the Country. In the city, Muradpur was declared the second most polluted area. It is to be noted that Muradpur is where the prestigious Patna Medical College Hospital is situated and to its south runs the J.P. Ganga Path (River Front).

Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 35/36

63. The Bihar State Pollution Control Board ( the BSPCB) on its part also failed to fulfill the duties. Though, the website of 'the BSPCB' speaks of commitment to provide pollution free environment to the people of State of Bihar, the report of the Central Pollution Control Board completely negates such commitment. It is wake-up call for them to take immediate remedial measure before its too late.

64. The District Magistrate, Patna is thus directed to constitute a monitoring committee of the Senior officials who shall visit the site at least fortnightly, check whether all the norms relating to construction work including the environment related issues as also the safety of the workers is/are being followed or not. The committee will regularly submit report and suggestions so that necessary directions are issued accordingly. This Committee shall continue till the conclusion of the construction of the J.P. Ganga Path and the link roads within the district of Patna. The D.M., Patna shall constitute the monitoring committee at an earliest and not later than one month from the date of the passing of the present order as the citizen of the city can not be allowed to suffer even for a single day.

65. So far as the writ petition is concerned, it is bereft of merit and is accordingly dismissed.

Patna High Court CWJC No.775 of 2024 dt. 17-05-2024 36/36

66. Let a copy of the order be sent to the Principal Secretary, Environment, Forest and Climate Change Department, Bihar, Patna, the Secretary, Bihar State Pollution Control Board for perusal and appropriate action as also the District Magistrate, Patna for compliance on the direction so made.

(Rajiv Roy, J) Jagdish/Neha-