'Govt Housing Schemes Can't Meet A Dead-End': Patna High Court Pulls Up Officials Over 16-Year Delay In Settlement For Landless Families
The Patna High Court has observed that government welfare schemes meant to provide housing to landless and poor persons cannot be allowed to “meet a dead-end” because of the callous and indifferent approach of government officials. The Court directed the concerned authorities to decide the petitioners' long-pending claim for settlement of land and issuance of a No Objection Certificate...
The Patna High Court has observed that government welfare schemes meant to provide housing to landless and poor persons cannot be allowed to “meet a dead-end” because of the callous and indifferent approach of government officials. The Court directed the concerned authorities to decide the petitioners' long-pending claim for settlement of land and issuance of a No Objection Certificate (NOC) within eight weeks.
A Single Judge Bench of Justice Rana Vikram Singh passed the direction while hearing a writ petition filed by several Scheduled Caste families seeking settlement of land in their favour on the basis of a 2010 communication issued by the Additional Collector-cum-Secretary, District Urban Development Authority, Bhojpur.
According to the petitioners, they are landless persons belonging to the Scheduled Caste community and have been residing for several years on Kaiser-i-Hind land situated at Mauja Pakari in Bhojpur district. They submitted that the Additional Collector-cum-Secretary, District Urban Development Authority had, on 26 February 2010, requested the Executive Engineer, Shahabad Road Division, to issue a No Objection Certificate (NOC) for the land so that houses could be constructed for them under the Integrated Housing and Slum Development Programme (IHSDP). However, despite the lapse of nearly sixteen years and repeated representations, no decision had been taken.
The State submitted that since the matter relating to issuance of the NOC was pending before the competent authority, the petitioners could approach the concerned authority afresh.
Taking note of the prolonged delay, the Court observed that the petitioners' fate had remained uncertain solely because the issue of issuance of the NOC had remained pending before the Executive Engineer. The Court remarked:
"The governmental schemes for providing dwelling houses to the landless/poor persons seems to met a dead-end on account of callous, indifferent and reckless approach of the government officers, who are entrusted with the duty of executing and implementing the government schemes. The case at hand is one of the most glaring and shocking example of the same wherein the construction of the houses of the landless/poor persons have been stalled on account of the sheer negligence of the respondent officers, who are not only frustrating the welfare schemes of the government, but also causing immense sufferings to the landless/poor persons."
The Court further observed that the conduct of the Executive Engineer did not appear legally justifiable, particularly when the Additional Collector had merely requested issuance of an NOC based on the Circle Officer's report.
Emphasising the responsibilities attached to public office, the Court observed that persons holding positions of power are duty-bound to discharge their functions in accordance with law and not according to their whims.
Accordingly, the Court directed the Executive Engineer, the Additional Collector-cum-Secretary, District Urban Development Authority, and the Collector-cum-District Magistrate, Bhojpur, to consider and dispose of the petitioners' pending representations as expeditiously as possible, preferably within eight weeks.
Case Title: Seema Kumari and Ors. v. State of Bihar and Ors.
Case No.: Civil Writ Jurisdiction Case No. 9963 of 2026
Appearance: Mr. Dhirendra Singh for the Petitioners. AC to GP-27 for the State.
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