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Himachal Pradesh High Court · body

2018 DIGILAW 1396 (HP)

Court On Its Own Motion v. State Of Hp

2018-07-26

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J. - In The Present Petition, We Are Concerned With The construction of new Judicial Lockup Kalpa at Reckong Peo, District Kinnaur, Himachal Pradesh. 2. Over The Period Of Time, Various Directions Were issued by this Court, pursuant to the assistance rendered by Mr. Bimal Gupta, learned Amicus Curiae. 3. Eventually, As We Notice, Action Now Stands Taken at the ground level, with the Director General of Police, Prisons & Correctional Services, Himachal Pradesh filing his affidavit dated 23.7.2018, indicating the time frame within which, the construction would be completed and new Judicial Lockup, Kalpa at Reckong Peo, District Kinnaur, Himachal Pradesh, will be made functional/operational. The time schedule is prescribed as under: Sr. No. Item of work Month/year Total time required 1. Preparation and approval of the working estimate and DNIT from competent authority (Chief Engineer, HPPWED Shimla) May to 15th June, 2018 1 months. 2. Tendering process (thorough etendering mode) 15th July, 2018 1 month 3. Acceptance/award of work (after negotiation) from competent authority (Chief Engineer, HPPWD Shimla) 31st July, 2018 months 4. Levelling of site C/O R/wall & B/wall Upto extent of 50%) and C/O Administrative Block upto plinth level. Aug. to Dec. 2018 5 months 5. Hindrance in execution of work due to winter season January to March, 2019 3 months 6. C/O R/Wall & B/Wall (Remaining 50%) and C/O building i.e. Administrative Block, April to December, 2019 9 months Barracks, TypeII qtrs. Upto roof level and boundary wall etc. 7. Hindrance in execution of work due to winter season January to March, 2020 3 months 8 Roofing work, finishing work and completion of project in all respect. April to August, 2020 5 months. Total time required for completion 28 months. 4. Learned Amicus Curiae points out that respondents are already lagging behind in complying with the milestone at Sr. No. 1 and 2 of the time schedule, supra. 5. Mr. Ranjan Sharma, Learned Additional Advocate General points out that the tender process is in progress and shall positively be completed within a period of six weeks. He seeks intervention of the Court for issuing a direction to the Sub Divisional Magistrate concerned to hand over the land to the Executing Agency. Ordered accordingly. 6. Mr. Ranjan Sharma, Learned Additional Advocate General further states that the Sub Divisional Magistrate concerned shall ensure compliance of the order forthwith. 7. He seeks intervention of the Court for issuing a direction to the Sub Divisional Magistrate concerned to hand over the land to the Executing Agency. Ordered accordingly. 6. Mr. Ranjan Sharma, Learned Additional Advocate General further states that the Sub Divisional Magistrate concerned shall ensure compliance of the order forthwith. 7. We Hope And Expect That The Director General Of Police, Prisons & Correctional Services, Himachal Pradesh, shall personally monitor the construction, and if possible, have the same completed prior to the scheduled time. 8. The Director General of Police, Prisons & Correctional Services, Himachal Pradesh is directed to file status report every six months, for which purpose, matter be listed before the Registrar (Judicial). 9. We place on record our appreciation to the assistance rendered by the learned Amicus Curiae. 10. With The Aforesaid Observations, Present Petition stands disposed alongwith pending applications, if any.