The state Sunni Waqf board in Bihar has moved to Supreme Court, on Tuesday, Aug 31, appealing to overturn the order by Patna High Court which directs demolishing of the Waqf board building abuts High Court’s centenary building wall. The plea contends that the Patna HC has ordered demolition of the proposed Waqf Bhawan building office solely based on the fact that the building was in excess of 10 meters of allowed height prescribed in Bihar Building Bye-laws, 2014. It appealed to the apex court to stay the order by the Patna HC as it directs the demolition of the entire building.
More importantly, the Sunni Waqf board contended that the construction plans were approved by the Minority Welfare Department, government of Bihar. It added that the map & construction plans were approved by the senior architect of the Bihar State Building Construction Corporation, a government company, and hence it urged that no separate sanction was required from the Patna Municipal Corporation.
Notably, the Patna HC took Suo Motu Cognizance in March 2021 of the matter in which the state Sunni Waqf Bhawan building was found flouting the provisions of the Bihar Building Bye-laws, 2014. It was found by the Patna HC that the building was constructed in the close proximity of the High Court’s centenary building wall which is not allowed. Consequently, the court ordered, on Aug 3, to demolish the building as it doesn’t conform with the Bihar Building Bye-laws, 2014. The court also directed the Bihar government to constitute an inquiry committee to identify those government officials who permitted the construction of the illegal building.
It will be interesting to witness if the apex court will provide relief to the Sunni Waqf Board or nod it’s yes for the demolition of the allegedly impugned building construction.
