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Jharkhand High Court · body

2013 DIGILAW 1308 (JHR)

Babloo Kumar v. Union of India

2013-12-02

D.N.PATEL, P.P.BHATT

body2013
JUDGMENT D.N. Patel, J. 1. In pursuance of the order passed by this Court dated 26th November, 2013, and dt. 27th November, 2013, the Additional Advocate General of the State of Jharkhand has submitted the proposed actions to be taken as pilot project at Jonha Falls (Ranchi), Hundru Falls(Ranchi), Dasham Falls(Ranchi), Sita Falls(Ranchi), Panchghagh Falls(Khunti) and Hirni Falls(Chaibasa), which are in the near vicinity of the capital of the State of Jharkhand Ranchi. It is submitted by the Additional Advocate General of the State that by 26th January, 2014, they are going to provide the following fully functional and operational facilities at Jonha Falls, Hundru Falls, Dasham Falls, Panchghagh Falls, Hirni Falls and Sita Falls : a) Toilets for ladies & gents; b) Drinking water stands and also supply of mineral water at MRP c) Small Children Park 2. It is also submitted by the Additional Advocate General of the State that at certain places, there will be aforesaid facilities at the top as well as at the bottom level of the water falls, looking to the topography. It is also submitted by the counsel appearing for the State that step wise, in detail, the nature of work has been pointed out in writing and it will be completed by 26th January, 2014. 3. The copy of the synopsis has already been given to the counsel appearing for the petitioner as well as the counsels appearing for the respondents and they have no much objection if this work is being completed for the welfare of the public at large on or before 26th January, 2014. 4. In view of this limited submission, we, hereby, direct the State of Jharkhand to complete on or before 26th January, 2014, the following fully operational facilities at Jonha Falls, Hundru Falls, Dasham Falls, Panchghagh, Hirni Falls and Sita Falls : a) Toilets for ladies and gents with wash basin and with necessary water facilities. b) Drinking water facilities including supply of the mineral water at maximum retail price c) Small children Park at Jonha Falls, Hundru Falls, Dasham Falls, Hirni Falls. At Sita Falls and Hirni Falls at bottom, the aforesaid facilities are suggested to be supplied by the State. Similarly, at Panchghagh Water Falls, also with one set of facilities is going to be supplied by the State as per their submissions. At Sita Falls and Hirni Falls at bottom, the aforesaid facilities are suggested to be supplied by the State. Similarly, at Panchghagh Water Falls, also with one set of facilities is going to be supplied by the State as per their submissions. The detailed synopsis provided by the State, is as under : 1. By 26th January, 2014, it is aimed to provide the following fully operational facilities at Jonha, Hundru, Dasham, Panchghagh, Hirni and Sita water falls. * Toilets for ladies and gents * Drinking water stands and also supply of mineral water at MRP * Small Children Park 2. Hundru and Jonha being high, toilet blocks will be built at the top, middle and bottom levels. At Dasham toilets blocks will be built at the top and bottom levels only. * Hirni and Sita Falls are accessible only at the bottom so only one set of facilities will suffice. * Panchghagh is very low so again one set of facilities will do. * The bottom level toilet blocks will also have changing rooms for ladies and gents. * The facilities will be run by local youth paid by the Tourism Department but administered by local citizens committees or by the local Panchayat. * Even with emergent tendering of 10 days, 12 days will be needed to issue work orders. 45 days will be needed to erect GI/ Corrugated Asbestos Sheet roofed buildings with plumbing facilities. * With 07 December, 2013, as zero date, work will be completed by Republic Day i.e. 26th January, 2014. * Indulgence of the Honourable Court is prayed for extending the completion deadline from 20th January to 26th January, 2014. Falls with details of the facilities as follows : JONHA FALLS AT RANCHI (Provision of Facilities) AT TOP LEVEL FOR LADIES W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 4 Nos. FOR GENTS W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 4 Nos. Drinking Water 3 Nos. Kid Zone - 6 Fixed playing Fixtures & 2 Nos. of benches AT MID LEVEL FOR LADIES W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 2 Nos. FOR GENTS W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 2 Nos. Drinking Water - 3 Nos. AT BOTTOM LEVEL FOR LADIES W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 4 Nos. of benches AT MID LEVEL FOR LADIES W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 2 Nos. FOR GENTS W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 2 Nos. Drinking Water - 3 Nos. AT BOTTOM LEVEL FOR LADIES W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 4 Nos. FOR GENTS W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 4 Nos. Drinking Water - 3 Nos. Changing Room - 4 Nos. (2 Ladies + 2 Gents) Note : JTDC, Ranchi will also sell Mineral Water at MRP at the bottom of the falls. HUNDRU FALLS AT RANCHI (Provision of Facilities) AT TOP LEVEL FOR LADIES W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 4 Nos. FOR GENTS W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 4 Nos. Drinking Water - 3 Nos. Kid Zone - 6 Fixed playing Fixtures & 2 Nos. of benches AT BOTTOM LEVEL FOR LADIES W.C. - 1 No. Wash Basin - 1 No. Urinal - 2 Nos. FOR GENTS W.C. - 1 No. Wash Basin - 1 No. Urinal - 2 Nos. Drinking Water - 3 Nos. Changing Room - 4 Nos. (2 Ladies + 2 Gents) Note : JTDC, Ranchi will also sell Mineral Water at MRP at the bottom of the falls. DASAM FALLS AT RANCHI (Provision of Facilities) AT TOP LEVEL FOR LADIES W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 4 Nos. FOR GENTS W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 4 Nos. Drinking Water - 3 Nos. Kid Zone - 6 Fixed playing Fixtures & 2 Nos. of benches Note : JTDC, Ranchi will also sell Mineral Water at MRP at the bottom of the falls. HIRNI FALLS AT CHAIBASA (Provision of Facilities) FOR LADIES W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 2 Nos. FOR GENTS W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 3 Nos. Drinking Water - 3 Nos. Kid Zone - 6 Fixed playing Fixtures & 2 Nos. of benches Note : JTDC, Ranchi will also sell Mineral Water at MRP at the bottom of the falls. PANCHGHAGH FALLS AT KHUNTI (Provision of Facilities) FOR LADIES W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 2 Nos. FOR GENTS W.C. - 2 Nos. Kid Zone - 6 Fixed playing Fixtures & 2 Nos. of benches Note : JTDC, Ranchi will also sell Mineral Water at MRP at the bottom of the falls. PANCHGHAGH FALLS AT KHUNTI (Provision of Facilities) FOR LADIES W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 2 Nos. FOR GENTS W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 3 Nos. Drinking Water - 3 Nos. Kid Zone - 6 Fixed playing Fixtures & 2 Nos. of benches Note : JTDC, Ranchi will also sell Mineral Water at MRP at the falls. SITA FALLS AT RANCHI (Provision of Facilities) FOR LADIES W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 4 Nos. FOR GENTS W.C. - 2 Nos. Wash Basin - 2 Nos. Urinal - 4 Nos. Drinking Water - 3 Nos. Kid Zone - 6 Fixed playing Fixtures & 2 Nos. of benches Note : JTDC, Ranchi will also sell Mineral Water at MRP at the bottom of the falls. 5. It is expected from the Chief Secretary of the State of Jharkhand that frequent change in the Secretary of Tourism Department is not desirable at all. In our order dated 26th November, 2013, in Paragraph No.3, we have noted that within three years period, there are 13 transfers of the Secretaries of the Tourism Department. This speaks the volume about the development of the tourism. If this is the rate to be maintained by the State, then, perhaps, no policy can be floated by the State and there is no question of implementation whatsoever arises. Always the stability is a must for the high ranking officers like the Secretary for drafting of the tourism policy and for its implementation. These type of the officers must be kept at one place at least for three years. 6. So far nature of the structure suggested in the aforesaid synopsis by the State is concerned, instead of corrugated asbestos shed, if the prefabricated structures are utilized, it will be better. Nonetheless, it is left open to the Secretary and the State to take a policy decision about the nature of the construction. 7. Like wise, tourist sheds may also be constructed at these places, may be of a prefabricated structure or with the help of bamboo etc., which is easily available within the State of Jharkhand. 8. Nonetheless, it is left open to the Secretary and the State to take a policy decision about the nature of the construction. 7. Like wise, tourist sheds may also be constructed at these places, may be of a prefabricated structure or with the help of bamboo etc., which is easily available within the State of Jharkhand. 8. It is expected from the Secretary of the Tourism Department that within the aforesaid time limit of 26th January, 2014, the facilities as per their suggestion, which is accepted by this Court, may be made operational as a Pilot Project at the aforesaid six water falls and if this works properly, then, this may be applied as a model in the rest of the tourist places within the State of Jharkhand. 9. Now, the counsel appearing for the Respondent No.17 is seeking time till tomorrow. 10. Counsel appearing for the petitioner seeks permission to join the Vice Chairman cum Managing Director, India Tourism Development Corporation (ITDC), Scope Complex, Lodhi Road, New Delhi, as Respondent No.18 in this petition. 11. The permission, as sought for, is granted. 12. The amendment shall be carried out in red ink in course of the day. 13. Notice to the newly joined party. The Assistant Solicitor General of India is waiving Notice on behalf of the newly joined party and also seeking instruction from the newly joined party. 14. The matter is adjourned on tomorrow i.e. 03rd December, 2013 to get the instruction from the local officer, who is Respondent No. 17 and the counsel for the Respondent No.17 shall also take instruction as to what work the respondent No.17 will complete at the aforesaid water falls, on or before 26th January, 2014. 15. Put up tomorrow i.e. on 3rd December, 2013. Order accordingly.