Jharkhand High Court
Hemant Kumar Shikarwar vs The State Of Jharkhand And Ors on 19 September, 2024
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 4951 of 2023
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Court on its own Motion Versus The State of Jharkhand and Ors. ... .... Respondents With W.P.(PIL) No. 2599 of 2013
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Court on its own Motion Versus The State of Jharkhand and Ors. ... .... Respondents With W.P.(PIL) No. 2466 of 2015
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Hemant Kumar Shikarwar ... ... Petitioner Versus The State of Jharkhand and Ors. ... .... Respondents With W.P.(PIL) No. 6882 of 2016
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Jharkhand State Bar Council ... ... Petitioner Versus The State of Jharkhand and Ors. ... .... Respondents With W.P.(PIL) No. 2696 of 2021
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Court on its own Motion Versus The State of Jharkhand and Ors. ... .... Respondents With W.P.(PIL) No. 2543 of 2022
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Court on its own Motion Versus The State of Jharkhand and Ors. ... .... Respondents With W.P.(PIL) No. 2798 of 2022
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Court on its own Motion Versus The State of Jharkhand and Ors. ... .... Respondents 1
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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the State : Mr. Rajiv Ranjan, Advocate General Mr. Piyush Chitresh, Advocate For the UOI : Mr. Anil Kumar, Addl. SGI For the JHALSA : Mr. Atanu Banerjee, Advocate For the Jharkhand High Court : Mr. Sumeet Gadodia, Advocate [W.P.(PIL) No. 4951 of 2023; W.P.(PIL) No. 2599 of 2013; W.P.(PIL) No. 2466 of 2015; W.P.(PIL) No. 2696 of 2015; W.P.(PIL) No. 2543 of 2022; W.P.(PIL) No. 2798 of 2022] For the JPSC & JSSC : Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate Mr. Rakesh Ranjan, Advocate Mr. Jay Prakash, Advocate [W.P.(PIL) No. 2696 of 2021] For the Intervenor : Mr. Kumar Amit, Advocate Mr. Ashok Kr. Sinha, Advocate [W.P.(PIL) No. 4951 of 2023]
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th 11/Dated: 19 September, 2024
1. Reference may be made to the order dated 03.09.2024.
2. Counter affidavit has been sought for to be filed on behalf of the respondent-State, as such, prayer has been made to accept the same.
3. It has been submitted that the copy of the same has been served upon the learned counsel for the respective parties.
4. Accordingly, the same is taken on record.
5. We have perused the affidavit, particularly the update regarding the steps taken by the State relating to infrastructure of different judgeships under the State of Jharkhand which has been provided in the Tabular Chart. For ready reference, the said tabular chart is being reproduced as under:
Development/status (As per the affidavit filled by Latest status as per Project Sl. Ongoing the Hon'ble High Court Building District Planning and No Projects through Registrar Construction initiation General in WP (PIL) Department 4951/2023) The project of Plinth work is going on and • Administrative 09 (Nine) Court assuming the current pace Approval vide Construction hall was of work, it will take at least letter no.-713 1 Gumla of 09 (Nine) approved by the 02 (Two) years for the dated-21.02.2023 Court Hall Hon'ble Court in structure for be formally amount Rs.
Dec'2022. handed over to the Civil 19,49,34,300/- is 2 This structure Court administration. granted was to come up • Agreement with after demolition agency M/S Maa of the erstwhile Ugratara 06 (six) Court Construction JV Hall within the ASCPL on date-
Civil Court 14.03.2024
premises. • Completion date
as per agreement
13.06.2025
• Administrative
Approval vide
The Project was
letter no.-135
initially
dated-22.07.2022
conceived in the
amount Rs.
year 2018 and
20,15,37,200/- is
Construction formal
Structure for 08 (Eight) granted
of 12 (Twelve) Construction
Court Halls is ready and • Agreement with
Court Hall in started in Dec'
internal work is going on agency ACIPL-
Loharda Lohardaga 2022. According 2 which according to the SK(JV) on date-
ga Judgeship is to the
PDJ, Lohardaga will be 22.12.2022
being carried submission of
wrapped up in 03 (Three) • Structure for 08
out in two the Building
months. (Eight) Court
phase manner. Department, the
first phase of 06 Halls is ready
(Six) Court was and internal work
to be handed is going on which
over in June, 24. will be finished in next 03 months.
Building Construction Department has got no intimation Land for the regarding transfer The land is of an area of project has been of the said land 6.16 Acres and has been identified with in favour of Law found suitable by the Proposed the following Department, Hon'ble Court following Construction description: Govt. of the report submitted by the of Sub Mauza-Bundu, Jharkhand. So, Ranchi then Ld. Registrar General.
3 (Bundu) Divisional P.S. no.-28, further step to However, Part of the land is Court at Khata no.-1317, appoint of the raiyati in nature and has to Bundu 1317, 01, 01, 01, Consultant for be acquired from raiyats.
(Ranchi) 01, Plot no.-505, preparation of
This process has not been
506/P, 578/P, site plan & DPR
initiated by the authorities
579/P, 580, for the Proposed
concerned.
581/P, 590/P. Construction of
Sub Divisional
Court at Bundu
(Ranchi) is not
initiated.
In a meeting In meeting of the
held on Hon'ble the state
20.02.2019 level Committee
under the aegis for monitoring
Handing over
of the Chief Infrastructure of
the land Offices of the "Education
Secretary, the Sub ordinate
wherein the Department Office" and
Ranchi Government of Judiciary held on
(Jharkhand "Education "Commercial Tax Office"
4 Jharkhand, it 19.08.2024 the
State Bar Department are currently running from
Council) was decided to matter was
Office" and the same place. They are
shift "Education discussed. The
"Commercial yet to be relocated.
Department Committee was
Tax Office"
Office" and pleased to
"Commercial process of
Tax Office" to transfer of
the upcoming presently
3
SMART CITY. available and
vacant land in
favour of the
Law Department
be done within 6
(Six) weeks &
sincere effort will
be taken for
shifting the
remaining offices
in the alternative
premises. So that
the rest of the
land will also be
transferred in
favour of the
Ranchi
Judgeships (Para
10 of the Minutes
of the meeting) is
annexed
herewith.
The land for the
project has been
identified with
Site plan has been approved
the following The preparation of
Proposed by the Hon'ble Court, the
description: DPR by Consultant
Construction next phase of the project
Mouja-Jogitand, The Creator is under
5 Giridih of 61 (Sixty- i.e, preparation of DPR,
Thana no.-227, process which will
one) Court tender etc. Has to be
Khata no.-115, be completed in next
Hall undertaken by the State
Plot no.-249, 6 (Six) weeks.
Government.
248 and has a
total Rakba of
11.50 Arcres.
Additional 12 acres
The land to the
Hon'ble Court after due of land is required
extent of 20
deliberation is of the for G+3 storey
Proposed acres has been
opinion of rather than building (instead of
Construction handed over and
having a G+6 storey G+6 storey building
6 Deoghar of 41 (Forty- is in the
structure as suggested by conceived earlier)
one) Court possession of
the sketch map, a G+3 which is in the
Hall. the Law
storey structure would be process of transfer to
Department of
appropriate. Law Department by
the State.
DC, Deoghar.
A presentation of site
plan of the Proposed
The land for the
48 (Forty-Eight)
project has been
Court having G+3
identified with
storey building
the following
presented before the
description:
Hon'ble state level
Mouza- The next pahse of the
committee for
Proposed Pandubathan, process such as preparation
monitoring
Construction Thana no.-524 of site plan, appointment of
infrastructure of
7 Godda of 41 (Forty- pertaining to consultant for preparation
subordinate Judiciary
One) Court Khata no.-74, of DPR, tender etc has to be
held on 29.08.2024
Hall Daag no.-934, initiated by the State
the committee was
Khatiyani Government.
pleased to approve
Takba-19-07-12
the site plan. The
Dhur, total area
preparation of DPR
14.05 acres in
is under process
Godda
which will be
Judgeship.
completed within 6
(Six) weeks.
8 Sahibganj Renovation The estimates The project is pending due • The proposed
4
work to be for the to the administrative renovation of 12
undertaken in renovation work approval from the end of (Twelve) Court
Sahibganj that has to be the O/o the Secretary, Building at
Civil Court carried out in BCD, Ranchi. Sahibganj a sum
and Rajmahal Sahibganj and of Rs.
Sub Divisional Rajmahal Sub 1,61,31,800/-
Court Division was and a sum of
taken up by the Rs.1,51,35,400/-
Department in for renovation
the year 2021- of 12 (Twelve)
22. The Court Building
estimates were at Rajmahal
forwarded by have been
the Chief sanctioned vide
Engineer, BCD, letter no.-479
Ranchi to the dated-
Secretary, BCD. 24.08.2024 &
480 dated-
24.08.2024
respectively.
• Rs. 41,88,600/-.
has been
sanctioned for
Construction of
Record room at
Civil Court
Sahibganj
• Estimate of Rs.
2,98,84,700/-
for Construction
of 6 unit D type
Qtr for Judicial
Officers at
Sahibganj is
under process of
Administrative
Approval.
The Concept of
• Rs.
Nyaya Sadan
1,46,23,300/-
along with ADR
has been
was approved
sanctioned for
by the Hon'ble
Construction of
Court in 2016.
Family Judge
Following this
Construction The Building Division, Quarter at
the map was
of Nyaya Latehar has complied the Chanddih,
also approved in
Sadan and estimates for both the Latehar vide
the year 2017.
residential projects and they need Sanctioned
9 Latehar Following the
Quarter for technical followed with the letter no.-490
direction of the
Principal administrative approval dated-
Hon'ble court, in
Judge, Family from the O/o start off the 28.08.2024
2015 the PDJ,
Court, Latehar.
Latehar initiated
project. • Estimate of Rs.
the process of 3,84,76,500/-
for Construction
construction of
residential of Nyay Sadan
quarter for at Latehar is
under process of
Principal Judge,
Family Court. Administrative
Approval.
The State Government has proposed to establish maximum of Executive Engineer,
211 Gram Nyayalayas at intermediatery level of the Panchayat Building Division,
Gram in the State of Jharkhand. Out of these, 06 Gram Nyayalayas at Deoghar has
10 Nyayalaya Madhupur under Deoghar District, Bundu & Mander under informed that he has
Ranchi District, Baharagora under Jamshedpur District, requested PDJ,
Jarmundi under Dumka District & Jhumri Tilaiya under Deoghar for taking
5
Koderma District have been notified by the State of Jharkhand over the new
specifying their territorial Juridiction/ local limits. building of Gram
Further, 06 posts of Civil Judge (Junior Division) have been Nyayalaya
created for the aforesaid 06 Gram Nyayalayas by the State Madhupur vide his
Government. letter no.-239 dated-
As of today, 04 (Four) Gram Nyayalaya are 10.03.2022 but the
operational, the remaining 02 (Two) i.e, Madhupur (Deoghar building could not be
District) and Bundu (Ranchi District) are non-functional due to taken over. lack of infrastructural facilities. Due to non-
completion of handover process of said building electrical & sanitary items of the building has been destroyed by anti-social elements. Executive Engineer is directed to file an FIR and prepare an estimate to make the gram Nyayalay functional at the earliest.
Regarding Bundu Gram Nyayalay, some part of the land identified is of raiyati nature, which needs to be acquired and transferred to law department before the building construction department builds the infrastructure.
6. So far as the Gumla judgeship is concerned, construction of 09 Court Hall which was approved, the work has begun.
It has been stated that the construction of the aforesaid building in the Gumla Judgeship will be completed as per the agreement by 13.06.2025.
7. So far as the Lohardaga Judgeship is concerned for the construction of 12 Court Hall, 08 Court Halls ae ready and internal work is going on which will be completed in the next three months.
8. Regarding the Ranchi Judgeship, the reference of the commencement of the Sub-Divisional Court at Bundu sub-division, it has been stated that the DPR for the proposed construction of Sub-Divisional Court at Bundu (Ranchi) is not initiated.
It has been informed as would appear from the affidavit filed on behalf of the High Court that some of the land where the decision has 6 been taken to have the Sub-Divisional Court, a part thereof is raiyati land and the process for acquisition is to be initiated.
It has been informed, in course of argument, that the Deputy Commissioner, Ranchi may be asked to identify the land which is Gairmazarua in nature so that the time which will be consumed in the acquisition of the land will be taken care of as also the money which is to be paid by way of compensation in lieu thereof, will also be taken care of.
The Deputy Commissioner, Ranchi, therefore, is directed to look into this aspect of the matter in tandem with the learned Registrar General of this Court and file fresh affidavit.
9. The issue of Ranchi Judgeship where some of the land which is not being used or even if the same is being used, but the alternative arrangement has already been made by the State for the purpose of shifting the said building, i.e., in the Office of the District Collectorate.
10. It has been reported that in pursuance of the meeting of the infrastructure committee held on 29.08.2024, the part of the land which is not being used is to be transferred in favour of the Law Department within six weeks. It has been submitted that the said time schedule will be adhered to.
11. It has further been stated that sincere efforts will be taken for shifting of the remaining office in the alternative premises so that the rest of the land may be transferred in favour of the Ranchi Judgeship.
12. Regarding the Giridih Judgeship wherein the issue of construction of 61 Court Hall is the issue, it has been stated that the preparation of DPR by the consultant is under process which will be completed in next six weeks.
13. Regarding the Deoghar Judgeship where the construction of 41 Court Hall is the issue, it has been stated that additional 12 acres of land is required for G+3 storey building (instead of G+6 storey building conceived earlier) which is in the process of transfer to Law Department by Deputy Collector, Deoghar.
714. So far as the Godda Judgeship is concerned, a site plan of the proposed 48 Court having G+3 storey building presented before the State Level Committee for monitoring infrastructure of subordinate Judiciary and the said site plan has been approved. It has also been stated that the preparation of DPR is under process which will be completed within 6 (six) weeks.
15. So far as the Sahibganj Judgeship concerned where renovation work in the Sahibganj Civil Court and Rajmahal Sub-Divisional Court is the issue, it has been stated that the proposed renovation of 12 (Twelve) Court Building at Sahibganj a sum of Rs. 1,61,31,800/- and a sum of Rs.1,51,35,400/- for renovation of 12 (Twelve) Court Building at Rajmahal have been sanctioned. Rs. 41,88,600/-. has been sanctioned for Construction of Record Room at Civil Court Sahibganj and estimate of Rs. 2,98,84,700/- for Construction of 6 unit D type Qtr for Judicial Officers at Sahibganj is under process of Administrative Approval.
16. So far as Latehar Judgeship is concerned where construction of Nyaya Sadan and residential quarter for Principal Judge, Family Court, Latehar, it has been stated that Rs. 1,46,23,300/- has been sanctioned for Construction of Family Judge Quarter at Chanddih, Latehar and estimate of Rs. 3,84,76,500/- for Construction of Nyay Sadan at Latehar is under process of Administrative Approval.
17. So far as the issue of Gram Nyayalaya is concerned out of 211 Gram Nayalayas at intermediatory level of the Panchayat in the State of Jharkhand, it has been shown that 06 Gram Nyayalayas at Madhupur under Deoghar District, Bundu & Mander under Ranchi District, Baharagora under Jamshedpur District, Jarmundi under Dumka District & Jhumri Tilaiya under Koderma District have been notified by the State of Jharkhand specifying their territorial Jurisdiction/ local limits.
Further, 06 posts of Civil Judge (Junior Division) have been created for the aforesaid 06 Gram Nyayalayas by the State Government and as of today, 04 (Four) Gram Nyayalaya are operational, the remaining 02 (Two) i.e, Madhupur (Deoghar District) and Bundu 8 (Ranchi District) are non-functional due to lack of infrastructural facilities.
So far as providing infrastructural facility in the Madhupur under Deoghar District, it has been submitted that so far as the Gram Nyalayas which is to be made operational, the infrastructural facility will be provided within four weeks.
18. Let the Law Secretary be in contact with the concerned learned District and Sessions Judge as also with the learned Registrar General of this Court.
19. So far as making of Gram Nyalaya in Bundu under Ranchi District is concerned, learned State counsel has submitted that discussion will be made with the Deputy Commissioner so that alternative accommodation to have the Gram Nyalaya to provide access to justice as per the direction passed by the Hon'ble Apex Court be made available in the existing infrastructure of the Administration if available for the purpose of making Gram Nyalaya operational till the permanent establishment is made operational.
20. Let the Law Secretary, Deputy Commissioner, Ranchi along with the learned Registrar General may have discussion on this and try to expedite the matter so that the Gram Nyalaya in Bundu in the District of Ranchi be made operational.
21. At paragraph-7, the reference of security arrangements in the District Courts have been referred in the tabular chart. For ready reference, the said tabular chart is being reproduced as under:
Whether there are Security Shed/Post/ Current status Morcha/Watch Tower for security personnel at appropriate places and fencing Sl. Name of of boundary walls of the courts with Updated report of Building No. District barbed wires. Division Reported by Hon'ble High Court 1 Bokaro 02 Morcha at Gate no.1 while no Morcha • Morcha at Gate no.-01- 01 at Gate No.2 available • Morcha at Gate no.-02- 01 available • Morcha at Gate no.-03- 01 available • Morcha at Gate no.-04- 01 available 9 • Morcha at Gate no.-05- Not available • Security shed at Gate no.-05- 01 available • Boundary wall fencing with barbed wire.
2 Chatra Morcha at Gate No. 02 & 04, No Watch • Morcha at Gate No. 02 & 04-
Tower, Boundary wall fenced with available concertina wire • Administrative approval for Construction of Watch Tower in Court campus at Chatra amounting Rs. 10,25,550/- is sanctioned vide letter no.-477 dated-23.08.2024 • Boundary wall fenced with concertina wire 3 Deoghar • 02 Barrack, 02 Watch Tower & boundary wall with concertina wire at Civil Court, Deoghar.
• 01 Barrack, Boundary wall with concertina wire at Sub Divisional Court, Madhupur.
4 Dhanbad 06 Morcha, 02 Watch tower under • 06 Morcha & 02 Watch tower construction completed & Handed over.
• 03 Morcha above Hazat
completed & Handed over.
5 Dumka 03 Morcha (one at each gate), No Watch • 03 Morcha (one at each gate),
Tower, 04 Morcha above Haajat, 04 Morcha above Haajat,
Boundary walls fenced with concertina Boundary wall fenced with
wire concertina wire.
• No Watch Tower
6 Jamshedpur No permanent police barrack, Santri Post • Consultant is being appointed to
prepare DPR for construction of barrack. At present 15 bedded barrack in one room is being under use.
• Construction of 03 Watch Tower is completed.
• Boundary wall with concertina wire is in good condition.
• Estimate for Construction of 03 Santri post is submitted in Department.
7 Garhwa • 04 Morcha- available • Requirement of 01 watch tower 8 Giridih 03 Morcha, No Watch Tower, Boundary • 03 Morcha- available wall to be heightened, Concertina wire to • Height of boundary wall is be replaced sufficient • Concertina wire is old & rusted and need to be replaced • No Watch Tower 9 Godda Boundary wall with barbed wire Boundary wall with barbed wire 10 Gumla 03 Morcha (one at each gate), No Watch • 03 Morcha (one at each gate)-
Tower, Boundary wall with concertina available wire • Boundary wall with concertina wire.
• No Watch Tower 11 Hazaribag • 04 Security shed- available • 04 post- available • 04 Morcha- available • 01 Watch Tower is required.
12 Jamtara Boundary wall with barbed wire • Boundary wall with barbed wire • 02 Morcha & 02 Watch Tower 10 13 Khunti No Morcha Boundary wall with concertina wire, 04 Morcha (01 of each gate) & 04 Watch Tower.
14 Koderma 08 Morcha, 04 watch tower,
Boundary wall fencing with
Concertina Coil with sufficient height of boundary wall.
15 Latehar 06 Morcha, No Watch Tower, Boundary 06 Morcha, 02 Watch Tower under wall with concertina wire construction, Boundary wall with concertina wire 16 Lohardaga 07 Morcha, Watch Towers, Boundary wall 07 Morcha, Watch Towers, with concertina wire Boundary wall with concertina wire 17 Pakur 02 Morcha, No Watch Tower, Insufficient • 02 Morcha- available height of Boundary wall, Concertina wire • Height of boundary wall has been fixed. raised with concertina wire.
• Consultant appointed to prepare DPR for Construction of Watch Tower, 18 Palamu • 02 Morcha & 04 Watch Tower-
available • Some portion of boundary wall need heightening and fencing of Concertina Coil.
19 Ramgarh 10 Morchas, Boundary wall with • Boundary wall with concertina concertina wire, No permanent police post wire & 04 Morcha- available 20 Ranchi 03 Morcha, 02 Watch towers, Boundary 03 Morcha, 02 Watch towers, wall with concertina wire Boundary wall with concertina wire 21 Sahibganj • 01 Morcha, 03 Watch Tower & boundary wall with Concertina wire at Civil Court, Sahebganj.
• Boundary wall with concertina wire available at Civil Court, Rajmahal. Morcha & watch tower is not available due to lack of required land.
22 Saraikela 02 Morcha in Court Hazat, 01 shed at main gate, 04 Watch Tower & boundary wall with concertina wire.
23 Simdega Boundary wall needs to be heightened, • Heightening of Boundary wall
No Concertina wire, No Watch done
Towers/Morch • Concertina fencing and
Construction of 01
Tower/Morcha work in progress.
24 Chaibasa 02 Morcha, No Watch Towers, Boundary • 02 Morcha- available wall with concertina wire • Boundary wall with concertina wire.
22. It appears from the said tabular chart that in Dumka Judgeship, it has been shown that there is no Watch Tower.
23. Let the same be resolved.
24. So far as the Jamshedpur Judgeship is concerned, it has been shown that there is no permanent police barrack, santri post. The State has stated, on this issue, that the consultant is being appointed to prepare DPR for construction of barrack. At present, 15 bedded barrack in one room is being under use. Construction of 03 Watch Tower is completed 11 and the boundary wall with concertina wire is in good condition and also estimate for construction of 03 santri post is submitted in the Department.
25. Let the same be expedited so that the aforesaid arrangement be made soon.
26. So far as the Garhwa Judgeship is concerned, it has been stated 04 Morcha are available and 02 watch tower is required.
In the Giridih Judgeship, it has been stated that concertina wire is old and rusted and need to be replaced as also there is no watch tower like that of Gumla Judgeship.
In the Hazaribagh Judgeship, one watch tower is required and in the Khunti Judgeship, it has been stated that 04 Morcha (01 of each gate) and 04 watch tower are already available.
27. It has been submitted by Mr. Sumeet Gadodia, learned counsel for the Jharkhand High Court that in connection with the issue of security in the different Judgeships, the issue of Frisky and installation of metal detector at the entry point is also required to be taken care of by the State.
28. Mr. Piyush Chitresh, learned AC to learned Advocate General appearing for the respondent-State has submitted that in some of the Judgeships, the said arrangement is there, however, he has submitted that the State will take care of the issue.
29. This Court is of the view that let an affidavit be filed by the learned Registrar General with respect to the structure available as has been stated in paragraph-7 by calling upon a report from the concerned learned Principal District and Sessions Judge.
30. At paragraph-9, with respect to the availability of toilets for the learned advocates in 24 Judgeships of the State of Jharkhand, a detailed chart has been furnished which needs to be referred herein. The same is being reproduced as under:
i. List of Judgeships where sufficient/adequate toilets facilities available Sl. Name of Female Toilets of Requirement Is space Male Toilets No. District toilets Differently of dedicated available 12 Abled toilets for Lawyers Bokaro-02 03 00 NA No 1 Bokaro Tenughat-03 03 02 Chaibasa-10 09 01 NA 2 Chaibasa No Chakradharpur-12 07 31
3 Dhanbad 15 07 02 No NA Jamshedpur-04 03 0 4 Jamshedpur No NA Ghatshila-05 05 0 5 Jamtara 19 14 01 No NA 6 Lohardaga 01 01 01 No NA 7 Pakur 11 06 02 No NA 8 Palamu 02 01 01 No NA 9 Sahibganj 07 07 04 No NA Chandil 10 08 11 03 No NA (Saraikela) ii. List of Judgeships where additional requirement of toilets is there, but space is not available Requirement Is space Toilets of Sl. Name of Female of dedicated available Male Toilets Differently No. District toilets toilets for Abled Lawyers 1 Chatra 03 03 02 Yes Additional No 02 02 requirement-02 2 Dumka 01 01 01 Additional Yes No 01 01 requirement-01 3 Godda 01 0 0 Additional Yes 02 01 No reqirement-02 4 Gumla 01 01 00 Additional Yes No 01 01 requirement-01 5 Latehar 10 09 01 Additional Yes No 05 02 requirement-15 iii. List of Judgeships where additional requirement of toilets is there and space is also available Requirement Is space Toilets of Sl. Name of Female of dedicated available Male Toilets Differently No. District toilets toilets for Abled Lawyers 0 0 0 Yes 1 Deoghar Yes Requirement-02 02 02 Garhwa-08 08 01 Additional 01 01 requirement-01 Yes 2 Garhwa Yes 0 0 Nagaruntari-0 02 01 Requirement-04 13 01 01 01 3 Hazaribag Additional Yes 02 02 Yes requirement-02 0 0 0 4 Khunti Yes Yes Requirement-04 02 02 11 08 01 5 Koderma Additional yes Yes 02 02 requirement-02 09 09 08 6 Ranchi Additional Yes 09 09 Yes requirement-09 01 01 01 7 Ramgarh Additional Yes Yes 02 01 requirement-02 0 03 03 8 Simdega Additional Yes Yes 0 0 requirement-03 Saraikela-10 12 02 9 Saraikela Additional Yes Yes 01 01 requirement-01
31. It needs to refer herein that although the toilets are for the learned members of the Bar but the toilets are to be there for male and female members of the bar separately and for differently abled as also the toilets for the female and male litigants separately along with creche room and common room for the female members of the bar and female litigants.
32. Such necessity is there due to the reason that such female members of the bar or the female litigants requires a common room and creche and washroom along with all the sanitary facilities since the same is urgently required.
33. Further, it has been stated by referring the names of different Judgeship, i.e., Bokaro, Chaibasa, Dhanbad, Jamshedpur, Jamtara, Lohardaga, Pakur, Palamu, Sahibganj and Chandil (Seraikela) that there are sufficient/adequate toilet facilities available.
However, as would be evident from List-ii that the there is additional requirement of toilets in the Judgeships of Chatra, Dumka, Godda, Gumla, Latehar but for that space is not available.
List-iii is with respect to additional requirement of toilets, i.e., in the Judgeship of Deoghar, Garhwa, Hazaribag, Khunti, Koderma, Ranchi, Ramgarh, Simdega, Saraikela where the space is available.
34. It has been stated that the construction of the aforesaid toilets in the Judgeships of Deoghar, Garhwa, Hazaribag, Khunti, Koderma, Ranchi, 14 Ramgarh, Simdega, Saraikela where the space is available, the Department has shown its commitment to build necessary infrastructure.
35. So far as the issue of JHALSA is concerned, it has been referred at paragraph-16 of the affidavit filed on behalf of the State that the project will only be approved after communication to the State Government regarding surrender of the old building of JHALSA (Nyaya Sadan) after completion and handing over of proposed new building of JHALSA.
36. This Court is of the view that the State cannot put a condition to the High Court for passing judicial order which will be by way of command.
37. In the earlier affidavit filed, the issue has been raised that the land has been allocated by the State of Jharkhand way back in the year 2016 and project initially was estimated to incur the cost of Rs.48,90,20,000/- which had gone to Rs.57,19,71,700/- in the year 2023 and thereafter, it has been reduced to Rs.53 crores.
38. The concern of the Court which has been shown that if the project will be lingered then there will be escalation in the cost and that will be from the State Exchequer. But even then, the State is putting a condition that if this Court will pass an order of handing over of existing building of JHALSA only then the project will be approved.
39. This Court has posed a pin pointed query that how can the condition be put to the High Court by the State for the purpose of approval of the Project when the response has already been communicated to the State that the decision in this regard will be taken after completion of the construction and handing over the new building which is to be taken by the Patron in Chief and the Executive Chairman of JHALSA.
40. However, further deliberation is required, as such, for the aforesaid purpose, the matter is being deferred to be heard on 26.09.2024.
41. So far as the issue of allocation of fund on the part of the Central Government is concerned, the details of the same has been furnished at 15 paragraph-12 thereof by way of tabular chart. For ready reference, the said tabular chart is being reproduced as under:
No. of Scheme Fund not Utilization Central Share released & (sanctioned) released against Certificate sent FY Budget Outlay State Share amount Budget outlay to Central by Govt of India Government 1 2 3 4 5 6 Central Share- Central Share-
Date: 25.03.21 2020 125,00,00,000/- 9,05,00,000/- (7.24%) (129) 115,95,00,000/-
Amount:
-21 State Share- State Share- 12,85,71,103/- (92.76%) 9,05,00,000/-
34,00,00,000/- 6,00,00,000/-
Central Share- Central Share-
Date: 25.04. 22 2021 62,00,00,000/- 6,00,00,000/- (9.68%) (246) 56,00,00,000/-
Amount:
-22 State Share- State Share- 27,94,61,167/- (90.32%) 6,00,00,000/-
31,00,00,000/- 31,00,00,000/-
(1st Installment) Central Share-
12,50,50,000/- No UC
Central Share-
State Share- 8,33,00,000/- Required
2022 62,00,00,000/- 45,49,00,000/-
Release on 30.03.2023 (196) /Online
-23 State Share- (73.37%)
(2nd Installment) 68,08,76,250/- monitoring
35,70,00,000/-
Central Share- through PFMS
4,00,50,000/- (26.63%)
State Share- 2,67,00,000/-
Opening balance
State Share-1,64,00,576/-
(1st Installment)
Central Share- Central Share-
2023 100,00,00,000/- 30,60,75,000/- (125)
No UC
-24 State Share- State Share- 24,60,62,464/-
Required/
66,00,00,000/- 20,40,50,000/-
Online
Release on 28.03.2024 59,19,00,000/-
monitoring
(2nd Installment) (59.19%)
through PFMS
Central Share-
10,20,25,000/- (40.81%)
State Share- 6,80,17,000/-
Central Share- Central Share- No UC
2024 130,00,00,000/- Central Share- Nil (74) 4,71,58,124/- Required/
-25 State Share- State Share- Nil 48,29,10,239/- State Share- Online
86,67,00,000/- 3,14,38,749/- monitoring
through PFMS
42. It is evident from the aforesaid tabular chart that for the financial year 2020-21, out of total budget outlay which is to be allocated by the Central Government under its share to the tune of Rs. 125,00,00,000/-, the Central Government has released only Rs. 9,05,00,000/- which is 7.24% and the rest of the fund has been shown to be not released as per column-5 even though the utilization certificate has already been sent to the Central Government for the fund spend to the extent of Rs. 9,05,00,000/-, i.e., 7.24%.16
43. Further, for the financial year 2021-22, out of total budget outlay which is to be allocated by the Central Government under its share to the tune of Rs. 62,00,00,000/-, the Central Government has released only Rs. 6,00,00,000/- which is 9.68% and the rest of the fund has been shown to be not released as per column-5 even though the utilization certificate has already been sent to the Central Government for the fund spend to the extent of Rs. 6,00,00,000/-, i.e., 9.68%.
44. Further, for the financial year 2022-23, out of total budget outlay which is to be allocated by the Central Government under its share to the tune of Rs. 62,00,00,000/-, the Central Government has released only Rs. 12,50,50,000/- by way of 1st Installment and Rs.4,00,50,000/- by way of 2nd Installment, i.e., 26.63% and the rest of the fund has been shown to be not released as per column-5 and for the said financial year, no utilization certification is required to be furnished based upon the new system of online monitoring through PFMS.
45. Further, for the financial year 2023-24, out of total budget outlay which is to be allocated by the Central Government under its share to the tune of Rs. 100,00,00,000/-, the Central Government has released only Rs. 1,64,00,576/- by way of 1st Installment and Rs.30,60,75,000/- by way of 2nd Installment, i.e., 40.81% and the rest of the fund has been shown to be not released as per column-5 and for the said financial year also, no utilization certification is required to be furnished based upon the new system of online monitoring through PFMS.
46. For the financial year 2024-25, out of total budget outlay which is to be allocated by the Central Government under its share to the tune of Rs. 130,00,00,000/-, the Central Government has not released any fund and as per the aforesaid outlay, the State Government's share is Rs.86,67,70,000/- and the State has already sanctioned the amount to the tune of Rs.48,29,10,239/- for the scheme but due to non-release of the Central Government's share, the question of issuance of utilization certificate cannot be raised reason being that no utilization certification is required to be furnished based upon the new system.17
47. It has been contended by the learned Advocate General that due to non-
release of the amount which is to be allocated by the Central Government to the extent of 60% of its share, the sanctioned scheme which has been prepared as per the requirement to provide infrastructure to the State Judiciary is not being carried out.
48. Mr. Anil Kumar, learned Additional Solicitor General of India, has sought for two weeks' time to seek instructions and file affidavit on the issue and come out with the specific stand as to by what time, the share of the Central Government to the extent of 60% for the respective financial year, will be released.
49. Time as sought for is allowed.
50. Let the said affidavit be filed on or before the next date of hearing.
51. So far as the issue of transfer of land, which is in the nature of Khasmahal, in favour of the District Bar Association, Koderma is concerned, learned Advocate General has submitted that on or before the next date of hearing, the response will be filed.
(Sujit Narayan Prasad, A.C.J.) (Arun Kumar Rai, J.) Saurabh/-
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