Jharkhand High Court
Rajeev Kumar vs The State Of Jharkhand & Ors on 29 January, 2021
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Ratnaker Bhengra
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No.5560 of 2018
Rajeev Kumar ... ... ... Petitioner
Versus
The State of Jharkhand & Ors.... ... ... Respondents
With
W.P.(PIL) No. 6276 of 2018
Raheshwar Pandey ... ... ... Petitioner
Versus
The State of Jharkhand & Ors.... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Petitioners : In Person (in both the cases) For the State : Mr. Rajiv Ranjan, Advocate General For the Intervener : Mrs. Ritu Kumar, Advocate For the Respondents : Mr. Amit Sinha, Advocate Mr. Aditya Raman, Advocate Mr. Ashok Kumar Yadav, Advocate Mr. Navin Kumar, Advocate Mr. K.K.Mishra, Advocate Mr. Amit Kumar Verma, Advocate Mr. Bhanu Kumar, Advocate Mr. L.C.N. Shahdeo, Advocate
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Order No.21/Dated 29th January 2021 The matter has been heard through video conferencing with the consent of the learned counsel for the parties. They have no complaint about any audio and visual connectivity.
Heard the parties.
Reference may be made to order dated 22nd January, 2021, in pursuance thereto, the Ranchi Municipal Corporation has filed an affidavit on 28.01.2021 by serving 2 copy in the office of learned Advocate General, as would appear from the endorsement made therein.
It has been stated in the affidavit that the Building Plan has been sanctioned on 12.01.2021, as would appear from paragraphs 3 and 6 thereof. For ready reference the statements made at paragraphs 3 and 6 are being referred hereunder as :-
"3. That the building plan of Jharkhand High Court being BP/W39/0330/17 has been sanctioned by Ranchi Municipal Corporation on 12-0102021 and the sanction letter has been sent to LTP (Licensed Technical Person) for compliance related to sanction of Building Plan. The applicant has to submit Rs.60,45,691/- as Labour Cess @ 1% of the project cost.
6. The plan was again checked by the software and it was again found to have failed in the pre- DCR format. Thereafter this building plan was returned to the LTP on 28th November 2020 for making necessary corrections. Thereafter the plan was again re-submitted by LTP on 08-01-2020 and the plan was sanctioned on 12-01-2021."
Another affidavit has been filed on behalf of Respondent No.9 i.e. Member Secretary, State Level Environment Impact Assessment Authority (SEIAA), Jharkhand wherein it has been stated that the issue has been deliberated by the State Level Environment Impact Assessment Authority (SEIAA) in its 87th meeting held on 3 27.01.2021 for grant of Environmental Clearance to the New Ranchi High Court Building & Residential Complex situated at Site 1, H.E.C. Campus, Village - Tiril, Dhurwa, Ranchi, Jharkhand and unanimously decided to grant the Environmental Clearance to the aforesaid project with the conditions stipulated therein as recommended by State Level Expert Appraisal Committee (SEAC) and to that effect specific statements have been made at paragraphs 12, 13 and 14 thereof which read hereunder as :-
"12. That, the State Level Expert Appraisal Committee (SEAC), Jharkhand has appraised the project of New Ranchi High Court Building and residential complex in its 86th meeting convened on 25.01.2021 and made recommendation for the grant of environmental clearance to SEIAA, Jharkhand.
13. That, on the basis of recommendation of SEAC for grant of Environmental clearance, the State Level Environment Impact Assessment Authority (SEIAA), Jharkhand in its 87th Meeting held on 27.01.2021 unanimously decided to grant the Environmental clearance to the aforesaid project with the conditions stipulated therein as recommended by SEAC.
14. That, as per decision taken by SEIAA in its 87th Meeting convened on 27.01.2021, accordingly Member Secretary, SEIAA, Jharkhand issued environmental clearance vide letter no. - EC/SEIAA/2018-19/2132/2018/145, dated 27.01.2021."4
In view of the stand inter alia taken by the Ranchi Municipal Corporation and the SEIAA, two formalities i.e., sanction of the revised building plan and the environmental clearance for the aforesaid project has already been granted.
It requires to refer herein an affidavit has been filed by the respondent State of Jharkhand in compliance of the order dated 9th December, 2020 wherein it has been stated that against the total estimate of Rs.226,04,08,512/- and Rs.119,82,62,390/- (pertaining to external electrification work, landscape work, HVAC work, BSS work, audio visual work, signage and solar system), the total amount of Rs.106,21,46,000/- was approved by the Cabinet on 17.03.2020. It has been clarified that due to non-furnishing of details by the concerned consultant who has not submitted DPR of Rs.2,26,04,08,512/- for the remaining work of New High Court Building and with a further clarification that due to non-submission of DPR of Rs.119,82,62,390/-, the State Cabinet has sanctioned Rs.106,21,46,000/- on 17.03.2020. The approval for Rs.119,82,62,390/- (pertaining to external electrification work, landscape work, HVAC work, BSS work, audio visual work, signage and solar system) will be put up before the State Cabinet further.
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It has further been stated that the building is to be constructed at an early date and Rs.100 crores has been made available for the financial year 2020-21.
Further, it has been stated that it is not only that Rs.100 crores would be allotted, rather in the phase manner Rs.100 crores has been allotted for the financial year 2020-21 and the rest of the amount as has been approved by the Cabinet will also be allotted further. It has also been stated that once the work is started, the same will not be discontinued.
It further transpires from the said affidavit that after completion of the formalities i.e. sanction of the revised map by the Ranchi Municipal Corporation and the Environmental Clearance of the aforesaid project which is to be granted by the SEIAA, the tender process will be started.
This Court deems it fit and proper to refer the statements made at paragraphs 8 and 9 of the aforesaid affidavit for ready reference :-
"8. That it is stated that on a query made by this Hon'ble Court as to why the fund of Rs.100 crores has been made available against the total estimate of Rs.2,26,04,08,512/- and Rs.119,82,62,390/- (pertaining to external electrification work, landscape work, HVAC work, BSS work, audio visual work, signage and solar system) the submissions has been made by the Chief 6 Secretary that due to non furnishing of details on the part of the consultant / the concerned engineers, the total amount Rs.106,21,46,000/- was approved by the Cabinet on 17.03.2020. It is bring to the kind notice of the Hon'ble Court that the concern Consultant had submitted PR of 2,26,04,08,512/- only for the Remaining work of New High Court Building. It is further informed that due to non submission of detailed project report of Rs.119,82,62,390/- (pertaining to external electrification work, landscape work, HVAC work, BSS work, audio visual work, signage and solar system). Therefore the State Cabinet of Jharkhand has sanctioned the amount of 106,21,46,000/- only on he Date of 17.03.2020. The approval for Rs.1198262390/- (pertaining to external electrification work, landscape work, HVAC work, BSS work, audio visual work, signage and solar system) will be put-up before state cabinet further. It is bring to the kind notice of Hon'ble High Court that the building is to be constructed at an early date and a sum of Rs.100 crores has been made available for the financial year 2020-21. Further it has been submitted that it is not only that Rs.100 crores would be allotted, rather in the phase manner Rs.100 crores has been allotted for the financial year 2020-21 and the rest of the amount as has been approved by the Cabinet will also be allotted further. It is further submitted that once the work started the same will not be discontinued.
9. That in reply to the specific query made by this Hon'ble Court as to whether during the pendency of the process, either of obtaining the sanction of revised building plan or Environmental Clearance, whether there is any possibility to go 7 for tender as per the DPR and also in view of the allotment of Rs.100 crores, it is submitted that presently the completion of formalities about sanction of revised building plan and obtaining the environmental clearance is under process as Hon'ble NGT in Case no.-45/2019/EZ R.K.Singh Vs Union of India has imposed the huge penalties on the govt. of Jharkhand for constructionof High Court & Jharkhand Assembly building without taken the Environmental Clearance. After completion of the said formalities the tender process will be started."
Since the State authority, in the affidavit filed in pursuance to order dated 09.12.2020, as quoted and referred hereinabove, has undertaken before this Court that immediately after completion of the process of sanction of the revised map by the Ranchi Municipal Corporation and the Environmental Clearance to be granted by the SEIAA, the tender process will be started.
This Court further requires to refer herein that the construction of the building commenced sometime in the year 2015-16 and due to non-completion of the construction, the building is dilapidating day by day and if the remaining part of the construction will not be completed soon there is every likelihood of more expenditure in renovating the dilapidated part and in that situation there will be more burden upon the State Exchequer.
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Further, the New High Court Building has been proposed to be constructed taking into consideration the paucity of space including the Court Rooms, space for Registry and its offices and the Judges' Chambers and other offices appertaining to the High Court's work.
The State Government in its affidavit dated 17.12.2020 since has taken the stand that after completion of process of sanction of revised map and Environmental Clearance the tender process will be started, therefore, we, taking into consideration the reason as referred in the preceding paragraphs, deem it fit and proper to direct the concerned authority to come out with the Notice Inviting Tender so that remaining part of the unconstructed work may be completed soon.
We, accordingly direct the Secretary, Building Construction Department, Government of Jharkhand to come out with the Notice Inviting Tender for completion of remaining work within a period of three weeks from today.
The Secretary, Building Construction Department is further directed to file an affidavit to that effect on or before the next date of hearing by serving a copy of the same upon the learned counsel for the respective parties well in advance.
Mr. Bhanu Kumar, learned counsel, at this juncture has submitted by referring to the stipulation made in the 9 order pertaining to Environmental Clearance which refers about certain amount to be paid by the State Government to the Pollution Control Board.
Learned Advocate General appearing for the State of Jharkhand has submitted that this issue will be looked into by the departmental authorities.
This Court, therefore, is not passing any direction upon this.
Let these matters be listed on 26.02.2021. The personal appearance of Mr. Kamlesh Pandey, at present working as Member Secretary, State Level Environment Impact Assessment Authority, (SEIAA), Jharkhand is dispensed with.
(Sujit Narayan Prasad, J.) (Ratnaker Bhengra, J.) Birendra/