Patna High Court dismisses PIL seeking enquiry in acquisition of land for construction of Akashbani Metro Station

The Patna High Court dismissed a Public Interest Litigation (PIL) filed seeking a direction upon the respondent authorities to make enquiry in relation to acquisition of land for the purposes of construction of Akashbani Metro Station under Metro Rail Station as also in the matter of payment of compensation to the so called landholders/encroachers by the respondent Collector, Patna .

The counsel for the petitioner while pressing the application submitted with force that the respondent authorities in collusion with its officials and other land grabbers had concealed the pertinent facts that the land in question belongs to Waqf Board and there is pending appeal, before the Waqf Tribunal, in order to extend undue compensation to the so called owners/encroachers.

It was further argued that there is a requisition filed by the Chief Executive Officer, Bihar State Shia Waqf Board before the District Magistrate cum Collector, Patna (respondent no. 4) against the unauthorized transfer of the land in question.

The respondent no. 4 declared the transfer of the land in question as illegal and directed to remove the encroachment over the land in question and handover to the Waqf Board by the order dated 02.06.2022.

It has further been contended that against the afore-noted order dated 02.06.2022, the aggrieved persons have approached before the Waqf Tribunal which is pending for consideration.

Having heard the counsel for the petitioner and after perusal of the materials available on record , the Division Bench of Chief Justice K. Vinod Chandran and Justice Harish Kumar opined that the case in no stretch of imagination can be said to be a Public Interest Litigation, where the matter relates to acquisition of the land and the claim of the ownership of the land in question is, admittedly under consideration before the Waqf Tribunal as a bonafide dispute between the parties. The petition is also bad for non-joinder of necessary parties.

In view of the aforesaid facts the Court does not find any merit in the petition finding it nothing but a misuse of Public Interest Litigation.

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