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A Full Judge Bench of Justice Ashwani Kumar Singh, Justice Vikash Jain, Justice Ahsanuddin, Justice Rajendra Kumar and Justice Chakradhari Sharan, stayed the construction of ‘musafirkhana’ over a property owned by Bihar Sunni Waqf Board, citing breach of Bye Law no. 21of Bihar Building Bye Laws, 2014.

The order further says, “apart from causing incessant disturbance in court proceedings, prima facie, poses serious security concerns for the Judges, lawyers, litigants, staff and security personnel alike.”

Bye Law no. 21 says, “Construction near important buildings: No building exceeding 10 meters height shall be permitted within 200 meters radius from the boundary of the Governor’s House, Bihar State Secretariat, Bihar Legislative Assembly, High Court and such other buildings as may be decided by the Authority or the State Government from time to time.”

It was contended that the proposed structure is about 40-45 feet high and stands approximately 30 feet away from the boundary wall of the High Court Building.

In the earlier order dated 01.03.2021, the Bench had raised four major questions to be considered by the Chief Justice, namely;

(i) Who is constructing the building, and at whose instance it is being constructed?

(ii) Whether such a person has the right and title over the land on which the construction is being made?

(iii) Whether the map of the building has been duly approved by the Patna Municipal Corporation and the construction is in accordance with the approved plan?

(iv) What is the proposed use of the building?

The matter has been listed for hearing on 12.04.2021.