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2011 DIGILAW 851 (JHR)

Advocate Association v. State of Jharkhand

2011-09-12

P.P.BHATT, PRAKASH TATIA

body2011
Order As back as on 17th May, 2010, the Division Bench of this Court directed the Advocate General to address, as to why despite the statement came from the State Government for providing 300 acres of land for the purpose of new building of the High Court, nothing has been done till date. A detailed order was passed by this Court on 18th May, 2011 pointing out that before creation of the State of Jharkhand as a separate state, everything must have been considered by the Governments, may it be Bihar Government or Central Government that how the State of Jharkhand will be created and what will be the financial implication for creation of the State of Jharkhand. We have reason to believe that the State of Jharkhand was created, because of its peculiar situation, containing large population of the various tribes and the members of the Scheduled Castes with large population below the poverty line. Therefore, we can believe that there must have been some specific package and aid from the Central Government for development of the entire State of Jharkhand. If so was not, then we would like to know, what was the aim and object for creation of a new State of Jharkhand. 2. We are conscious of the fact that even a Court of the Munsif cannot be created without knowing the financial implication, therefore, the State of Jharkhand must not have been created without knowing the natural consequence and that natural consequence may be of having its own Assembly House as well as Secretariat and other Government buildings as well as the High Court building also, therefore, on 18th May, 2011, a detailed order was passed. Then on 20th June, 2011 and thereafter on 13th July, 2011, we passed the orders that the State Government shall provide sufficient materials with respect to the Projects, which may have been taken into account while taking a mission to create a new State of Jharkhand. However, no material has been provided to us till today. 3. Then on 20th June, 2011 and thereafter on 13th July, 2011, we passed the orders that the State Government shall provide sufficient materials with respect to the Projects, which may have been taken into account while taking a mission to create a new State of Jharkhand. However, no material has been provided to us till today. 3. As we already noticed that, more than two years have passed to the State was directed to give statement that what has been done by the State Government for providing 300 acres of land for the High Court, we, though assured on behalf of the State Government that the land will be given to the High Court and this Court fixed the time limit to hand over the land to the High Court by 20th June, 2011, today, learned Advocate General submitted that the State Government has engaged an Agency to work out and carve out and prepare a detailed project for Assembly building, Secretariat building and High Court building within the land acquired from the H.E.C. but for that, that Agency has given time of six months. 4. We cannot appreciate the stand taken by the State Government today, in the light and background of the facts referred above, which clearly indicates that the Court has taken up the matter for handing over the land to the High Court as back as in the month of May, 2010 and more than a year has already passed. Not only this, but even after fixing the time limit of 20th June, 2011, nothing substantial has been done. We do not find any just reason to include the project of construction of the High Court building with other matters like construction of Vidhan Sabha and Secretariat building etc. and there is no reason for the judiciary to wait for those structures to come up so as to get the land for the High Court. The State Government it self, has not taken any action for construction of Vidhan Sabha, Secretariat and the other buildings of the Government. On that count, the State Government now cannot link the construction of the High Court Building with the other buildings of the State Government for which there will have to be planning for buildings, which is yet not known. 5. On that count, the State Government now cannot link the construction of the High Court Building with the other buildings of the State Government for which there will have to be planning for buildings, which is yet not known. 5. Learned counsel for the State also submitted that as per his knowledge, even a new capital city of the State of Jharkhand was conceived long back, which may be about 7-8 years ago and for that purpose, the credit in public was sought to be taken by the relevant persons but nothing has happened, except getting the publicity. 6. In view of the above reasons and in view of the above experience, we direct the State Government to separately identify the land for the High Court building and hand it over to the High Court by or before 17th October, 2011. We are making it clear that the State Government is required to identify the land and the High Court has already given its proposal for the land requirement, wherein, number of components have not been included and the outline of the minimum requirement of land for the High Court has been given. 7. In view of the above reasons, the State shall comply with this order and shall also give the details with respect to the financial assessment made by the Government for construction of the city of Ranchi to the status of a capital of a State. The State may broadly indicate the allocation of the funds in plan expenditure and non-plan expenditure for the relevant constructions referred above and to be contributed by the Central Government and share of the State Government, so that the matter can be examined by the State Government also, whether the State got the funds as per the State's right and have been utilised in past and if has yet not been obtained the funds from the Central Government, they may act to obtain the funds from the Central Government and give their contribution for the development of the State of Jharkhand and making the Ranchi city as a capital city of the State of Jharkhand. The above particulars, details and facts may be given by or before 20th October, 2011 to this Court and the State will be free to keep its record for perusal of the High Court, if they find any difficulty in submitting the record. 8. The above particulars, details and facts may be given by or before 20th October, 2011 to this Court and the State will be free to keep its record for perusal of the High Court, if they find any difficulty in submitting the record. 8. Put up this case on 20th October, 2011. 9. Let a copy of this order be given to the learned Amicus Curiae and the learned Advocate General by tomorrow.