Rajasthan High Court - Jaipur
Human Settlement Technogy Anr vs State Of Raj & Ors on 4 May, 2018
Bench: Gopal Krishan Vyas, G R Moolchandani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writs No. 17175/2010
Human Settlement Technology Center through its Member
Geetesh Khanna S/o Shri Kishen Kishore, age 27, having office
at B-2, Govind Marg, Jaipur. Mobile No.98293-22722.
----Petitioner
Versus
1. The State Of Rajasthan through the Chief Secretary,
Government Secretariat, Jaipur.
2. Jaipur Metro Rail Corporation Ltd. through Managing Director,
Behind Udyog Bhawan, Jaipur.
3. Union of India through, Principal Secretary, Urban
Development Ministry, Government of India New Delhi.
----Respondent
For Petitioner(s) : Ms. Neeraja Khanna.
For Respondent(s) : Mr. Arnav Singh for
Mr. Sandeep Pathak.
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
HON'BLE MR. JUSTICE G R MOOLCHANDANI
Order
04/05/2018
The instant petition filed under the label of public interest in the year 2010, in which following prayer has been made:-
" Relief prayed for:
The humble petitioner most humbly & respectfully submits that this PIL may kindly be accepted and (10.1) To quash the unconstitutional and ultra vires decision of the respondent- State of Rajasthan and its nominees JMRC & DMRC to construct Jaipur Metro Railway on behalf of the (2 of 4) [CW-17175/2010] respondent- State as the same is beyond its jurisdiction being in the absolute jurisdiction and competence of Government of India as per Union List I Entry 22- Railway; (10.2) That the respondent- State and its nominees JMRC & DMRC may be prohibited and mandated not to do any act for construction of Jaipur Metro Railway, the same being in the exclusive jurisdiction of Government of India. The appointment of General Manager by Government of India under Section 3 of the Act of 1978 has not taken place so far without which there is no proper authority to start construction.
(10.3) By an appropriate, order or direction that the implementation of Jaipur Metro Railway Project being uneconomic, unviable and unnecessary looking to the paucity of traffic on the proposed two Metro Railway Corrdiors for Jaipur City evident from the actual passengers load in August, 2010 on 46 Low Floor Buses which disclose a figure of 12,000 passengers on the same. The decision to construct Jaipur Metro Railway in addition being unconstitutional and against statutory provisions is whooly arbitrary, capricious and product of a whim, fancy and obsession for Metro Railway may kindly be quashed and set aside and the respondent - State may kindly be mandated and prohibited to construct and execute the JMRC Project in any manner or any form.
(10.3A) That the cesseses, taxes and surcharges proposed in Para 14.8 of the DPR are beyond the legislative and executive power of the State Government under Article 162 of the Constitution of India on the basis of submissions made in the writ petition. The cases, taxes and surcharges mentioned in Para 14.8 of DPR are not authorised to be levied by any entry of State List II of Seventh Schedule of the Constitution of India and therefore the Govt. of Rajasthan may kindly be directed and prohibited and restrained not to do the same, being beyond the competence of the State Government.
(3 of 4) [CW-17175/2010] (10.3B) That the Government of Rajasthan in constitutionally denuded to make any expenditure for "Railways" or "Metro- Railways" from the Consolidated Fund of Rajasthan and therefor the petitioner humbly urges this Hon'ble Court to hold any declare that the Government of Rajasthan can not lawfully make and authorize any expenditure in their Annual Financial Statement for the Metro-Railways for Jaipur City in view of Article 73, Article 162 & Article 246 read with the Union List I, State List II and Concurrent List III of Seventh Schedule of the Constitution of India and the expenditure incurred by the Respondent No.1 by 31st Dec' 2010 and onwards uptil this day is wholly unconstitutional, illegal and ultra vires of the Constitution of India. (10.3C) That the lands transferred by the State Government of JMRC Ltd. in law vests in Jaipur Development Authority as per sec. 54 of the JDA Act' 1982 (to be referred as Act' 82 hereinafter) and no notification under Section 54(3) of the Act' 1982 has been issued divesting JDA of these lands and vesting the same in the State of Rajasthan and therefore lands transferred by the State Government to the JMRC Ltd. are wholly unconstitutional and illegal. (10.3D) That the respondent No.1 State of Rajasthan is completely denuded of any jurisdiction to make any expenditure for the subject matters of entries which like Railways exclusively falls within the Union List in view of the provision of Article 202 and read with Article 266 and this Hon'ble Court is prayed to hold and declare the same being unconstitutional and illegal.
(10.4) Any other order or direction, which this Hon'ble Court may deem just, appropriate and expedient in the facts and circumstances of the case may kindly be passed in favour of the petitioners.
(10.5) Cost of this petition be awarded in favour of petitioners."
(4 of 4) [CW-17175/2010] In view of the fact that the Metro Railway in Jaipur has already been started virtually, therefore, the instant petition has become infructuous.
Hence, the instant petition is hereby dismissed as having become infructuous. However, the petitioner will be at liberty to file fresh Public Interest Litigation, if any, occasion arises, in future.
(G R MOOLCHANDANI),J (GOPAL KRISHAN VYAS),J Ishan(20)