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2018 DIGILAW 2137 (HP)

Rahul v. State of Himachal Pradesh

2018-12-03

AJAY MOHAN GOEL, SURYA KANT

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JUDGMENT : SURYA KANT, J. 1. The writ petition, claimed to have been filed in public interest, lays challenge to the selection of site for setting up the Government Industrial Training Institute, which is now being run from a private accommodation at Sarahan, District Sirmaur since the year 2007. 2. The case of the petitioner is that with a view to support educational avenues for the children of their area, the residents of the petitioner's village including his brother gifted the land fully described in para 4 of the writ petition situated in Village Tikker, P.O. Sarahan, Tehsil Pachhad, District Sirmaur, whereupon the State Government sanctioned construction of Industrial Training Institute and accorded Administrative Approval to bear the expenditure of Rs.7,14,96,000/- vide letter, dated 14th September, 2016. The foundation stone was also laid down by the then Chief Minister on 20th February, 2017. Out of the abovestated sanctioned amount, a sum of Rs.1,46,000/- was released to Public Works Department though no construction has been started at the site. 3. The State Government subsequently decided to shift the site of Industrial Training Institute to Village Kahan on the land owned by the State Government (Revenue Department). 4. The petitioner challenges the selection of the new site on the grounds, inter alia, that the land which was gifted by residents of Village Tikker was for two institutions, namely, the Government Degree College and the Industrial Training Institute. So far as the construction of Government Degree College is concerned, a substantial part of the building already stands completed, as may be seen from the photographs attached with the rejoinder but the construction of Industrial Training Institute building is yet to start. 5. It is pointed out that the selection of site for the Government Degree College at Village Tikker was challenged in CWP No. 1307 of 2016 which was dismissed by this Court by a selfspeaking order dated 22nd September, 2016. While dismissing the writ petition, this Court took cognizance of the fact that the site at Village Kahan, namely, the Government land where Industrial Training Institute is proposed to be constructed, was reported to be 'forest land' with 700 cheel trees standing on the site and in the absence of any forest clearance by the Ministry of Environment and Forest, the decision to shift the site of Government Degree College at Village Tikker was fully justified. On the same premise, it is urged that the Industrial Training Institute too cannot be constructed over the Government land at Kahan as there are 700 trees standing on the said land and it cannot be used for nonforestry purposes. 6. Respondents No. 1, 2 and 4 have filed their written statement/reply pointing out, inter alia, that in response to a letter received from Executive Engineer, Rajgarh Division, HPPWD, Rajgarh, dated 19th April, 2016, the Director, Technical Education, Vocational and Industrial Training, Himachal Pradesh, Sundernagar, made the following observations: “1. It will not be feasible to construct a road for providing entry to ground floor as the site is very steep and space for construction of road to ground floor entry as proposed in the proposal drawings is not available at site. It was also informed by the I.T.I. staff that the heavy machinery is to be installed at ground floor for which ground floor entry is essential to carry the workshop machinery. 2. Due to the steep slope of proposed site the construction of retaining walls of height 10 to 12 meters will be required for stability of the proposed building for which huge amount will be required.” 7. In addition, the Principal of Government Industrial Training Institute, Sarahan, has also vide letter dated 9th March, 2018, informed that the villagers alongwith local MLA have taken a stand that the site for Industrial Training Institute proposed at Village Tikker is not appropriate and suitable and it may be shifted at some other place. 8. The written statement/reply further refers to the norms laid down by the Director General of Training, Ministry of Skill Development and Entrepreneurship, Government of India (Annexure R/7) dated 9th January, 2018, according to which an Industrial Training Institute should not be setup in the same premises/adjoining to any other institute. The site in Village Tikker being adjoining the Government Degree College, it is averred that the abovestated norms are violated. 9. The respondents have also appended photographs of both the sites, namely, at Village Tikker as also the new site at Village Kahan, to suggest that the present site is abutting the State road and it will be very convenient for the commuting students. 10. 9. The respondents have also appended photographs of both the sites, namely, at Village Tikker as also the new site at Village Kahan, to suggest that the present site is abutting the State road and it will be very convenient for the commuting students. 10. The petitioner has filed rejoinder controverting the stand taken in the written statement/reply, as according to him, there is no violation of the norms laid down by the Director General of Training, Ministry of Skill Development and Entrepreneurship, Government of India, in case the Industrial Training Institute is setup at Village Tikker, for the site of the Industrial Training Institute will be separate from the Government Degree College as five bighas land has been exclusively donated by the villagers for Industrial Training Institute whereas twenty bighas were donated for the College. 11. We have heard learned counsel for the parties and gone through the record. 12. Though it appears that there were pull and pressure of local politicians behind 'selection' as well as 'shifting' of the Industrial Training Institute site from Village Tikker to Village Kahan, but ignoring these extraneous reasons, this Court is to keep in view the settled principle that the selection of site for establishment of a public institution essentially entails a policy decision and unless it is established that there is some violation of a Statute or any other binding law in force, a Writ Court would be reluctant to interfere with such policy decision. 13. The land at Village Tikker was no doubt gifted by the villagers for the establishment of two institutions, namely, Government Degree College as well as Industrial Training Institute, out of which one institute has already been setup in that village. If the State Government, on account of the observations/objections raised by the Director, Industrial Training Institute, which are quite plausible and were raised in the year 2016 itself, has decided to shift the site without incurring any additional expenditure, for the site happens to be Government's own land, we see no reason to interfere with such decision, more so when the new site is abutting the main road, as can be seen from the photographs on record. 14. The petitioner's concern to the effect that there are 700 trees' at the site in Village Kahan or that the said land cannot be used for nonforestry purposes, surely, requires consideration. 15. 14. The petitioner's concern to the effect that there are 700 trees' at the site in Village Kahan or that the said land cannot be used for nonforestry purposes, surely, requires consideration. 15. Unfortunately, no specific plea has been taken in the writ petition that the subject site is a 'forest land'. Obviously, in the written statement/reply, the respondents have got no occasion to admit or controvert such plea. However, the facts regarding existence of trees at the site are referred to in the earlier decision of this Court dated 22nd September, 2016 passed in CWP No. 1307 of 2016 but we are not sure about the material to this effect placed on the record of that case. 16. There is a jamabandi for the year 2009-2010 (page 20) on record and we find therefrom that the ownership of the new site vests in the Government of Himachal Pradesh (Revenue Department), the land is banjar kadeem and is not recorded as 'forest land'. There is no other official document to suggest that there are 700 pine trees' at the site except that there is one 'Comparative statement of feasibility and suitability' of the land sent by Principal of Government Industrial Training Institute, Sarahan which refers to “some pine trees on the site for which NOC is required from the Forest Department”. It is difficult to draw any positive inference from this document that the subject site has been declared as 'forest land' or any clearance for nonforestry purposes is required to be obtained from the Ministry of Environment and Forest. Nevertheless, we direct the official respondents that in case the new site has been notified, treated/included in the forest area/forest land, it shall not be used for nonforestry purposes unless prior permission of competent Authority is obtained. However, in case any such permission has been accorded, the official respondents shall be at liberty to proceed with the Project at the new site. 17. With these observations/directions, the writ petition is disposed of. The interim order stands modified/vacated. Pending miscellaneous applications, if any, also stand disposed of.