Patna HC stays eviction of Musahar residents in Bihars Begusarai

Begusarai (Bihar), Feb 6 (PTI) The Patna High Court on Friday directed the Bihar government to stay the eviction of Musahar residents from a settlement in Begusarai district until further orders, officials said.

A division bench comprising Chief Justice Sangam Kumar Sahu and Justice Nani Tagia accepted an intervener petition filed by residents Saroj Devi, Kala Devi and Dhanik Sada of a Musahar settlement at Jaimangla Garh in Begusarai.

The Musahars are categorised among the state’s most deprived Mahadalit communities.

Talking to PTI, Advocate Akansha Malviya, who appeared for the residents, said, “We filed an intervener application because the people of the settlement are not encroachers. They are Basgit Parcha holders, which were issued under

the Tenancy Act of 1947.” She added that they have also been beneficiaries of the Indira Gandhi Awas Yojana and Pradhan Mantri Awas Yojana, and avail public facilities like schools and health centres in the region.

“Since our intervener application is allowed, we are now a party to the case, and a stay has been put on the notice issued by the circle officer for eviction,” she said.

According to the residents, they were informed on January 2 that the colony would be removed, and a notice issued by Cheria Bariarpur Circle Office described the settlement as an “encroachment.” Malviya informed that Patna High Court took suo motu cognisance for the preservation of wetlands following an increase in the waterbodies from 2017 to 2021, as observed in ISRO and Space Atlas imaging.

“Some people filed Interlocutory Applications alleging encroachments and construction issues, which were brought to the court’s notice, which then ordered that if the allegations of encroachment were found true upon verification, the encroachers should be removed,” she said.

And now, the intervener petition filed by us in response to the court’s order, has allowed us to be a party to the lawsuit, she added.

Notably, the settlement has been at the centre of a dispute following local administration’s moves to clear the land for a proposed eco-park project reportedly linked to a state government plan.

Narmada Bachao Andolan leader Medha Patkar described the court’s stance as a “humanitarian judgment” in favour of marginalised Mahadalits.

Padma Shri awardee Sudha Varghese called the campaign a fight for the rights of the “last person in line”, which is based on Mahatma Gandhi’s philosophy.

The next hearing is on February 12, Malviya said. PTI SUK MNB