Thursday, June 18, 2026

It is the prerogative of the Government to construct essential and necessary infrastructure which is required for official purposes on Government land:Chief Justice Meenakshi Madan Rai led Bench

In Raj Gautam & Ors. vs. The State of Bihar through the Chief Secretary, Government of Bihar & Ors. (2026), Patna High Court's Division Bench of Chief Justice Meenakshi Madan Rai and Soni Shrivastava delivered a 3-page long judgement dated June 18, 2026, wherein, it concluded:"Having given due consideration to the submissions advanced before us, we take notice of the fact that it is an admitted position that the property, i.e. the playground, is Government land and no allotment has been made to private individuals for private use. It is our considered view that it is the prerogative of the Government to construct essential and necessary infrastructure which is required for official purposes on Government land. The construction on the said play ground is said to be a Government Block Office. 6. Consequently in the light of the facts and circumstances, we are of the considered view that this petition lacks merit and deserves to be and is accordingly dismissed and disposed of." The judgement was authored by Chief Justice Rai.

The petitioners had submitted that the PIL was for the purpose of restraining the respondent authorities from carrying out the construction of a Government building on a long-standing playground, bearing Khata No.445, Plot No.790, Thana No.314, situated at Manpur in the district of Gayaji. The counsel for the petitioners sub that the playground was a public ground used by local residents and ought to be preserved for their use. The construction of Government building on a long-standing playground was arbitrary and in violation of Articles-14 and 21 of the Constitution.

The respondents' counsel submitted that it was a Government property on which a Block Office was being constructed and if this petition be allowed, it would open a flood gate as the Government would be restrained from carrying out any developmental works on land that is registered in the Government’s name.

The Court endorsed the views of the respondents' counsel. 


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