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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
                             ---------

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

---------

Jharkhand State Bar Council ... ... Petitioner Versus The State of Jharkhand and Ors. ... .... Respondents With W.P.(PIL) No. 2696 of 2021

---------

Court on its own Motion Versus The State of Jharkhand and Ors. ... .... Respondents With W.P.(PIL) No. 2543 of 2022

---------

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.

7

14. 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%.
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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.
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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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