Jharkhand High Court
Bar Association, Jharkhand Hig vs State Of Jharkhand & Ors on 17 January, 2014
Author: R. Banumathi
Bench: Chief Justice, Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 2347 of 2012
Bar Association,
Jharkhand High Court, Ranchi .... Petitioner
Vs.
The State of Jharkhand & Ors. ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE.
HON'BLE MR. JUSTICE APARESH KUMAR SINGH.
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For the Petitioner: Md. Sohail Anwar, Sr. Advocate.
For the State : Mr. Ajit Kumar, AAG
For the NUSRL : Mr. Sudarshan Srivastava, Adv.
For the UOI : Md. Mokhtar Khan, ASGI
Order No. 29 ------ Dated 17th January, 2014
Pursuant to the various orders passed by this
Court, the State Government has provided grant of Rs. 50
crores (fifty crores) to the National University of Study &
Research in Law, Ranchi, for the development of
infrastructure. Out of this grant of Rs. 50,00,00,000/- (fifty
crores), Rs. 1,00,00,000/- (one crore) has been given on
18.10.2010, further grant of Rs. 2,00,00,000/- (two crores) has been given on 18.2.2011 and rest Rs. 47,00,00,000/- (forty seven crores) has been given on 14.3.2012.
2. By order dated 19.11.2013, this Court directed the University to file status report stating as to the expenditure incurred on the construction and also to file the report as to what is the further amount, which is required for completion of the construction of the building of the University.
3. Pursuant to the order passed by this Court, an affidavit has been filed by the University on 6.1.2014. In paragraph 9 of the said affidavit details of utilization of Government grant has been given, which is quoted herein below:
9.That it is stated and submitted that a total sum of Rs. 35,42,95,000/- has been paid till date to CPWD by cheques on different dates for executing the work of constructions. A further sum of rs. 61,78,907/- was paid to the M/s STUP Consultants toward Architect fee and a sum of Rs. 1,06,500/- has been paid to M/s H K Modeller for Model of the New Campus. The university spend a sum of Rs. 2,49,87,956.01 towards the establishment and development of its infrastructure between the period from 18.10.2010 to 31.03.2012 as there was no fund with the University but from 01.04.2012 onwards the University is meeting its entire expenses towards infrastructure and establishment cost from its own fund.
4. Learned counsel appearing for the University has also produced photographs of the construction work and submitted that the construction work in the Campus is under progress. In paragraph 11 of the said affidavit, it is stated that in the light of the status report dated 03.01.2014 submitted by the CPWD and as per the details of expenditure, the University requires further sum of Rs. 100 Crores with an undertaking that no further financial assistance is required from the State Government towards construction of the University Campus.
5. Mr. Ajit Kumar, AAG, learned counsel appearing for the State submitted that even though in paragraph (9) of the affidavit filed by the University it is stated that Rs. 35,42,95,000/- has been spent towards construction of the infrastructure of the University as exists today but according to the officials of the State Government it is valued only at Rs. 10 crores (ten crores).
6. At this juncture, we do not want to express any opinion so far as the expenditure so far incurred by the University and the allegations levelled on behalf of State of Jharkhand are concerned. This Court is only concerned with the completion of the construction and also to make the National University of Study & Research in Law, Ranchi functional in the State of Jharkhand so that the aspiring students would have the better opportunity and acquire excellence to compete in the national level. All that is required is an approximate estimate of the required amount for completion of the building under progress and the required infrastructure to make the University functional.
7. Construction of National University of Study & Research in Law, Ranchi has been entrusted to Central Public Works Department and the amount of Rs. 35,42,95,000/- has been paid to the C.P.W.D by cheques on different dates for executing the work of construction. Since the C.P.W.D. is being entrusted with the work of construction of University, it is necessary to make the Union of India and also the C.P.W.D as party-respondent in this 'Public Interest Litigation'.
8. In such view of the matter, we direct the petitioner to implead (i) Union of India, Urban Development Development, Government of India and (ii) C.P.W.D. through its Director General (Eastern Region), Government of India as a party-respondent nos. 8 and 9 in the present writ petition.
9. Md. Mokhtar Khan, ASGI appears and accepts notice on behalf of newly added respondent nos. 8 and 9.
10. We further direct the constitution of a Committee headed by the Chief Engineer, C.P.W.D., Urban Development Department, Government of India and Chief Engineer of the concerned Department of the State of Jharkhand duly assisted by technical experts to make a joint inspection of the National University of Study & Research in Law, Ranchi and ascertain the approximate estimate of the required amount for completion of the building which is under progress to make the University functional at the earliest. Joint Secretary, Urban Development Department, Union of India is directed to co-ordinate in the matter and file a report at an early date considering the fact that the University is running in a tenanted premises and paying rent approximately Rs. 4,00,000/- (four lakhs) per month. University is directed to co-operate with the committee and if it requires any documents or materials from the University provide the same while carrying out the inspection of the University.
11. So far as the balance amount lying with the University, i.e. Rs. 11,44,31,636.99/- is concerned, which finds mention at Annexure-B (page 10) to the affidavit dated 6.1.2014 filed by the University, we direct the University that the said amount may not be disbursed, either to the contractor or spent for any other purpose, until further orders. University is further directed to keep the said amount in a interest bearing account of the bank or 'Fix Deposit' it for three months.
12. It is made clear that construction work of the building which is in progress is not to be stopped.
13. Copy of this order be given to learned counsel appearing for the Union of India as well as learned counsel appearing for the State. Parties are directed to provide copy of their respective petitions/affidavits/counter affidavits to the counsel appearing for the newly added respondents/Union of India.
Put up this case on 21.2.2014.
(R. Banumathi, C.J.) (Aparesh Kumar Singh, J) Alankar/-