Himachal Pradesh High Court
Pankaj Kumar vs State Of Hp And Others on 5 December, 2017
Bench: Sanjay Karol, Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 1899 of 2017.
Decided on 5.12.2017.
Pankaj Kumar ....Petitioner.
.
Versus
State of HP and others ... Respondents.
................................................................................................
Coram
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No.
For the petitioner. : Mr. Rajnish Maniktala, Advocate.
For respondents : Mr. Shrawan Dogra, Advocate General with M/s
Romesh Verma, Anup Rattan, Addl. Advocate
r Generals and Kush Sharma, Dy. Advocate General
for respondent-State.
Mr. J.L. Bhardwaj, Advocate, for respondent
No.2.
Mr. Hamender Singh Chandel, Advocate, for
respondent No.3.
Ajay Mohan Goel, J. (Oral).
By way of this writ petition, the petitioner had prayed for the following reliefs:-
"(i) That the respondent University may be directed to get, Multi-faculty (Phase-II) Building cleared from the appropriate offices and construct the same within a time bound period.
(ii)That the respondent Municipal Corporation may be directed to approve the map of Multi-faculty (Phase-II) Building and grant necessary permissions for completion of the building.1
Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 08/12/2017 23:02:28 :::HCHP 2(iii)That in the alternative the respondent State may be directed to acquire the land for Himachal Pradesh University, Shimla so that Multi-faculty (Phase-II) Building can be completed.
(iv)That the disciplinary proceedings may be ordered to initiated against the officers, who were responsible for taking .
the decision to construct the Multi-faculty (Phase-II) building despite the fact that the land in question was not owned y the respondent University and exemplary damages amounting to Rs. 10 lakhs each may be imposed upon them.
(v)That the respondents may be directed to produce entire record pertaining to the case of the petitioner.
(vi)Any other order deemed just and proper may also be passed in the facts and circumstances stated hereinabove in favour of the petitioner."
2. On 29.8.2017 while issuing notice, this Court had passed the following order:-
r "Petitioner points out a very sorry state of affairs, in which the respondent-University commenced construction of a building and that too in the heart of the campus of the University. It appears that a sum of ` 87 Lac (approximately) was spent by the University for raising construction of a Multi-faculty (Phase-II) without any sanctions from the municipal authorities. It appears that even though the land over which the building stands constructed, but not completed, was acquired by the State but entries thereof were not recorded in the revenue records. Who are responsible for all this is an issue which we do not want to address at this point of time. For what is more important is how soon the construction can be completed and the building put to public use in accordance with law.
We are informed that the work which commenced in the year 2006 continued till the year 2011-12 and thereafter not even a single brick stands laid. From the photographs so placed on record, it is quite apparent that outer structure of the building is complete and perhaps it would not take much time or money for the building to be completed. Under these circumstances, we direct the Chief Secretary to the Government of Himachal Pradesh to forthwith constitute a Committee to be headed by Principal Secretary (Home) to the Government of Himachal Pradesh, with Commissioner, Municipal Corporation, Shimla, Deputy Commissioner, Shimla, Director, Town and Country Planning and Registrar, H.P. University as its members.
The Committee shall take all steps for (a) ensuring that name of the University is recorded in the revenue records; (b) plans/maps are sanctioned by the municipal corporation/ appropriate authority(s), in accordance with law within a period of three weeks; (c) getting the remaining work assessed through ::: Downloaded on - 08/12/2017 23:02:28 :::HCHP 3 experts; (d) take up the matter with the appropriate authorities for allocation of funds, if so required; and (e) ensure that the building is made functional positively on or before 31st of December, 2017.
We direct that Chief Secretary to the Government of Himachal Pradesh as also the Chairman of the Committee shall file their personal affidavits stating the steps so taken by the State before .
the next date of hearing.
List on 19th of September, 2017.Copy dasti."
3. Thereafter on 19.9.2017, the following order was passed:-
"Before us, it is not disputed that the land underneath the building was acquired for the purpose of setting up the infrastructure of the University. Construction of the building commenced in the year 2006. It was stopped only in the year 2012-13. Since then, none has come forward to claim the ownership of land and in our view rightly so, for the land underneath the building, actually belongs to the State/beneficiary of the acquisition proceedings. r Under these circumstances, we direct the authority concerned to forthwith correct the revenue record. The Deputy Commissioner, Shimla shall ensure that whole of the land under the building is recorded in the name of H.P. University. Needful be positively done within a period of two days. Affidavit of compliance be filed on or before the next date of hearing, failing which the Deputy Commissioner, Shimla shall personally remain present in Court.
We direct the Registrar of H.P. University to positively submit the plans within next three days, whereafter, respondent No.3 shall process the same and grant all necessary permissions within ten days.
List on 22nd September, 2017."
4. Thereafter on 24.10.2017, the following order was passed:-
"It is heartening to note that work of the unfinished building has now commenced. All building plans stand sanctioned by the relevant authorities. Also land stands transferred in favour of the University. Time schedule for completion of the work stands prescribed and work stands allotted in favour of two contractors, namely, Shri Girish Gupta, Block No. D, Amar Vihar, Tutikandi Shimla-4 (Civil Contractor), and Sh. Ashok Sharma, M/s Sharma Electric Works, Hira Nagar, Totu Shimla- 11 (Electric Contractor).::: Downloaded on - 08/12/2017 23:02:28 :::HCHP 4
Noticeably, all sanctions are in place and only contractors are to complete the work as per prescribed schedule. At this stage, learned counsel points out that perhaps, the period of contract can be reduced without compromising the quality of work. As such, as prayed for, we implead contractors, namely, Shri Girish Gupta, Block No. D, Amar Vihar, Tutikandi Shimla-4 (Civil Contractor), and Sh. Ashok Sharma, M/s Sharma Electric Works, Hira Nagar, Totu Shimla-11 (Electric Contractor), as .
party respondents in this petition, who shall figure as respondents No. 4 and 5 respectively in the array of respondents. Registry to carryout necessary correction in the memo of parties.
Service of newly arrayed respondents be effected through the University. Shri J.L. Bhardwaj, Advocate, states that University shall ask the contractors to remain present in Court on the next date of hearing. List on 30th October, 2017."
5. Vide CMP No. 8829 of 2017 respondent-University has, inter alia, informed the Court that University had has asked the Civil Contractor, Girish Gupta, and Electric Contractor, Ashok Sharma, to execute the work as per original agreement along with fresh inclusion of 10% penalty clause in case of delay of work on the basis of the explanation furnished therein.
6. Modification has also been sought of order dated 29.8.2017 to the effect that the time granted by this Court to make the building functional on or before 31.12.2017 be extended till 3.10.2018.
7. Having perused averments made in the application as well as the statement so made at bar by learned counsel for the petitioner and learned counsel for the respondents that the construction work of Multi-
faculty Phase-II building has since commenced and that the civil contractor has reduced the period for completion of work from 15 months to 12 months and has undertaken to handover the building by ::: Downloaded on - 08/12/2017 23:02:28 :::HCHP 5 3.10.2018 and Electrical Contractor has also undertaken to complete the work of internal electrical installation within 15 days after completion of the entire civil work by Civil Contractor on or before 3.10.2018, we .
dispose of this writ petition with the direction that Civil Contractor shall hand over the building after completion of entire work on or before 3.10.2018 and thereafter Electrical Contractor shall complete the work of internal electrical installation within 15 days therefrom. Order dated 29.8.2017 stands modified to the said extent.
Petition stands disposed of in the above terms, so also pending miscellaneous applications if any.
r (Sanjay Karol)
Acting Chief Justice
(Ajay Mohan Goel)
Judge
5th December, 2017
(Guleria)
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