SC orders status quo on Patna HC order directing demolition of Waqf building
New Delhi: The Supreme Court Tuesday ordered status quo on a Patna High Court order directing demolition of Waqf building adjacent to HC 'Centenary Building'.
A bench of Justices UU Lalit, Ajay Rastogi and Vikram Nath issued notices to the Bihar government, chief secretary, Registrar General of the Patna High Court and others on an appeal filed by Bihar State Sunni Waqf Board.
The matter is listed for next hearing on October 18.
The board in its plea has submitted that while rendering the impugned judgement the High Court not only travelled beyond the issues framed by it but also proceeded to direct demolition of the entire structure of the proposed Waqf Bhawan Building, solely due to the reason that the building was in excess of 10 meters of height which was in violation of Bye Law No. 21 of the Bihar Building Bye-Laws, 2014.
The plea stated that the direction for demolition of the entire building was given even though the Petitioner Waqf Board as well as all the state authorities had themselves agreed to demolish the offending portion of the building (i.e. to bring the building within the height of 10 meters).
The plea, filed through advocate Ejaz Maqbool, stated that the entire project was undertaken in consonance with Section 32 of the Waqf Act, 1995 and with the due sanction of the Map/Plan by a Government Architect.
The plea contended that the High Court erred in proceeding on the basis that the building was being constructed without any valid sanction.
It is submitted that as per Bye Law No. 8(1) (A) of the Bihar Building Bye Laws, no separate permission is necessary for the works carried out by the State Government Department/Bihar State Housing Board, if the plans are signed by Government Architect, the plea said.
The petition submitted that the construction plans were approved by the Minority Welfare Department, Government of Bihar and the Map and Plan of construction was approved by the Senior Architect of the Bihar State
Building Construction Corporation, which is a Government Company.
Therefore, the construction having been carried out by the State Department and the plan having been approved by the Senior Architect of Bihar State Building Construction Corporation, no separate sanction was required from
the Patna Municipal Corporation, it said.
On March 1, 2021, upon noting the structure being constructed in the close proximity of the Centenary Building of the High Court, it took suo motu cognisance of the matter and formulated four questions for consideration.
The high court on August 3 ordered the demolition of the Waqf building adjacent to HC 'Centenary Building' within a month. The high court, in its 4:1 judgement, held the construction as illegal as per Bihar Building Bye-laws, 2014 and ordered its demolition within a month.
