Patna High Court - Orders
Gaurav Kumar Singh vs The Chief Secretary, Government Of ... on 9 September, 2020
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19592 of 2018
======================================================
Gaurav Kumar Singh
... ... Petitioner/s
Versus
The Chief Secretary, Government Of Bihar & Ors.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumeet Kumar Singh,
Mr.Satyendra Prasad Singh,
Ms.Namrata Singh,
Mr.Abhiprav Singh, Advocates
For the Respondent/s : Mr.Anjani Kumar (AAG 4)
Mr.Rabindra Kumar Priyadarshi,
Ms.Binita Singh,
Mr.Parijat Saurav,
Mr.Anshay Bahadur Mathur,
Mr.S.D. Sanjay, Advocates
Mr.K.N. Singh (ASG)
Mr.Ratnesh Kumar (CGC)
Mr.Alok Kumar Rahi (AC to AAG4)
Mr.Shivendra Kishore, Advocate
==============================================
========
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
29 09-09-2020Sri Anjani Kumar, learned AAG-IV, invites our attention to the communication termed as Preliminary Project Report ( PPRID- 11066) in relation to the project titled as Bihar Urban Development Investment Programme 2, Gaya Project.
The said proposal reads as under :
Preliminary Project Report - (PPRID - 11066) Date: 31 Aug 2020 Patna High Court CWJC No.19592 of 2018(29) dt.09-09-2020 2/8 Created By : Anand Kishor,Principal Secretary, Urban Development and Housing Department, Bihar SNO. Item Details
1. Name of the Project Bihar Urban Development Investment Program 2 Gaya Project
2. Sectoral Area UD-Urban Development
3. Central Line Ministry of Housing and Urban Affairs Ministry or Department for the Project
4. State Line Bihar Department for the Project.
5. Proposed Project -Bihar Urban Infrastructure Development Corporation -
Implementation Agency
6. Institutional Structure Project Management Unit ADB Project BUIDCo for Delivery Basic Design of the Project Government of Bihar has been working towards a safe, sustainable, economic, people- friendly urban infrastructure development in the state with following objectives:
Goals and Objectives i.To provide sustainable sewerage infrastructure with improved services and eventually provide better quality of life to the residents ii.Sewerage collection systems in order to achieve the goal to cover 100% of City area. iii.To implement projects for reuse of treated sewage and for conservation of water iv.Creating & enabling environment for PPP in execution & O&M The proposed projects broadly involve following major activities:
i.Project Preparation: Updating and preparing the DPRs of the Projects as per the guidelines and safeguards policy of financing institution.
ii.To carry out Environmental, Social and Gender studies. Activities Involved iii.Obtaining Clearances from various agencies (like
7. environment clearance etc.) iv.Procurement of civil works & consultancy v. Project management, implementation & commissioning vi. Setting up Project Implementation and Monitoring and mechanism for O&M of the projects.
i. Sewerage services in the Gaya OutPuts of the Project ii. Efficient reuse of treated sewage effluent.
iii.Sustainable O&M Patna High Court CWJC No.19592 of 2018(29) dt.09-09-2020 3/8 of sewerage systems.
iv.Improved social infrastructure.
The projects will have direct impact on:
i.Improved living & social standards due to better water and sewerage infrastructure ii.Health and other environmental benefits to the public Outcome of the due to improved quality of water and upgraded sewerage Project treatment systems iii.Improved urban infrastructure in the Urban Local Bodies supported by trained manpower Finance Plus Element The Projects are designed to cater to the needs of next 30 years of the City, with increase in the capacities of the System and Systems, as well as will encourage latest technologies with Transformation better output and reliability. The main focus will be on the al Impact sustainability of the system and efficient O&M. There will be an inbuilt provision for optimum recycling & reuse of the treated Sewage.
Innovations and SCADA Systems will be implemented for efficient O&M Piloting of New of the Sewerage Systems.
Approaches
Innovation NA
s in
Financing
Leveragin
g
There are few international practices which will be implemented in the projects which have a Transformational International Impact.
Best Latest Treatment Technologies which are more efficient are Practices being used. The IT Enabled Services have transformed the Proposed to be Adopted Consumer Management Systems.
Other Element(if any) Private Sector The Size of the Projects will attract Indian as well as Engagement International Contracting Firms. The Contracts will include (Financing, Supply 7 Years O&M and the Payment will be Performance Side, Based. The Procurement of Various Machinery and Involvement,Provisio Equipment will be done by Private Suppliers n of Services) The Sewerage Projects involve use of Technologies and Processes which need huge amount of Energy for Climate Operations. The Projects will be designed to make Mitigation/Adaptation maximum use of Renewable Energy.
Beneficiary Community Participation is part of the Execution Plan and Engagement will be implemented and monitored by highest authorities.
/Community
Involvement
/Community
Monitoring
Mainstreaming of NA
Gender
Name/Names of
10. BIHAR
Patna High Court CWJC No.19592 of 2018(29) dt.09-09-2020 4/8 the State/States Involved Name/Nam
11. 1. Gaya es of the District/Dist ricts Involved Proposed Project Duration From - 01/12/2020 To - 01/12/2030
12. Years - 10 Month- 0
13. Type of Project State Sector
14. Category of State General Financial Arrangement(in crores and USD Million) Tranche Total Imple State Govt Central Others, If Total Cost external mentin assistance g Govt any sought Agenc y In INR Cr.
Tranche- 394.8 0 169.2 0 0 564 1 Tranche- 0 0 0 0 0 0 2 Tranche- 0 0 0 0 0 0 3 Total 394.8 0 169.2 0 0 564 Percenta 70 0 30 0 0 100 ge In USD Million
15.
One USD = 74.0000
Tranche- 53.3514 0 22.8649 0 0 76.2162
1
Tranche- 0 0 0 0 0 0
2
Tranche- 0 0 0 0 0 0
3
Total - 53.3514 0 22.8649 0 0 76.2163
Percenta 70 0 30 0 0 100
ge
Year wise financial projections of fund utilisation(in Crores and USD Million) Year Year-1 Year-2 Year- Year-4 Year-5 Year-6 Year-7 3
16. INR 76.15 150.64 150.6 133.15 11.78 13.28 11.61 4 Patna High Court CWJC No.19592 of 2018(29) dt.09-09-2020 5/8 USD 10.2905 20.3568 20.35 17.9932 1.5919 1.7946 1.5689 68 Name of the SlNo. MDB's/BA's Name. Amo Amount (Million).
Multilateral unt
17. Development (Cr)
Bank / International
Financial Institution 1 Asian Development 394. 53.35-
Bank 80
18. Previous Phase, If any No
19. Whether Yes Feasibility Study for the project is available?
Whether Detailed Project
20. Report(DPR) or No Detailed Engineering Design for the project is available ?
Whether following clearances are involved in the project Environment No Coastal Regulation No Zone Forest No
21.
Heritage No
Any Other(Please NA
Specify)
Whether any court or
tribunal proceedings
22. are pending that No
could impact the
project?
Whether Land pooling/land acquisition/Resettlement and Rehabilitation is involved in the project?
Land Pooling No
Land Acquisition No
23.
Resettlement & No
Rehabilitation
Any Other(Please NA
Specify)
24. Whether External Assistance has been availed in the past for similar project (i.e., earlier phase etc.) ? - Yes a Name of the Project Bihar Urban Development Investment Program- Tranche 1 and 2 b Loan/Credit Amount 852.0000 in INR Cr.
Patna High Court CWJC No.19592 of 2018(29) dt.09-09-2020 6/8 Loan/Credit c 131.0000 Amount in USD Million.
d Project Period- Start 25/03/2013 Date.
e Project Period- 31/12/2021 Completion Date.
Details of externally aided projectes (completed/ongoing/pipeline/posed/under
25. examination) since 01.04.2008 undertaken by the proposed borrowing Agency (Central line Ministry/Department/Central PSU/State Government) 25 - 1 Project Details - 1 a Name of the Sector UD-Urban Development Name of the b ADB-Asian Development Bank MDB/IFI which provided Loan assistanc c Name of the MHUA-Ministry of Housing and Urban Affairs Ministry/Department d Name of the Project Bihar Urban Development Investment Program- Tranch e Project Cost- Original 493.0000 f Project Cost- Revised 493.0000 g Expenditure Incurred- 137.3400 INR Cr.
h Expenditure Incurred- 20.8900
USD Million
i Start Date 06/06/2013
j Closing Date-Orignal 30/06/2017
k Closing Date-Revised 31/12/2021
25 - 2 Project Details - 2
a Name of the Sector UD-Urban Development
b Name of the MIGA-Multilateral Investment Guarantee Agency
MDB/IFI
which
provided Loan
assistanc
c Name of the MHUA-Ministry of Housing and Urban Affairs
Ministry/Department
d Name of the Project Bihar Urban Development Investment Program- Tranch
e Project Cost- Original 780.0000
f Project Cost- Revised 780.0000
Patna High Court CWJC No.19592 of 2018(29) dt.09-09-2020 7/8 g Expenditure Incurred- 119.3800 INR Cr.
h Expenditure Incurred- 17.0500
USD Million
i Start Date 23/02/2018
j Closing Date-Orignal 31/12/2021
k Closing Date-Revised 31/12/2021
Learned ASG appearing for the Central
Government states that considering the importance and significance of the issue as also the fact that this Court has been continuously monitoring the infrastructural development with respect to Gaya, Bihar, he shall personally take up the matter with the concerned authorities at the appropriate level and if need be, would even travel to Delhi for such purpose.
The instant order has been passed in continuation of our earlier orders passed in the instant petition.
We are hopeful that the Central Government/authorities concerned shall take an appropriate action at the earliest, more so, considering the significance and importance as also the status of the Twin Cities-Gaya and Bodh Gaya, which undoubtedly are International Tourist destination.
List on 24.9.2020.
In the meanwhile, the Secretary, Department of Economic Affairs, Government of India, shall file his personal Patna High Court CWJC No.19592 of 2018(29) dt.09-09-2020 8/8 affidavit indicating the steps taken in the matter.
(Sanjay Karol, CJ) ( S. Kumar, J) pallavi/-
U