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Himachal Pradesh High Court · body

2018 DIGILAW 41 (HP)

Hari Singh Verma v. State Of Himachal Pradesh

2018-01-04

VIVEK SINGH THAKUR

body2018
JUDGMENT Vivek Singh Thakur, J. - The present writ petition has been filed seeking mainly following relief(s):- 1. That respondent No. 4 may kindly be directed to consider the matter and accord approval for starting the admission to the above mentioned five Polytechnics in a time bound manner only in the current academic years 2012-2013. 2. That the respondents may kindly be directed to complete the construction work and also provide the infrastructure to these five proposed Polytechnics in a time bound manner. 2. Five new Polytechnics, one each in District Sirmaur, Kullu, Bilaspur, Lahaul & Spiti and Kinnaur were to be established in the year 2012. On account of delay in completing the codal formalities and for providing infrastructure to these five Polytechnics, petitioner had approached this Court by filing this writ petition. 3. During the pendency of petition, admissions in these Polytechnics have been started and Government Polytechnics Sirmaur at Paonta Sahi and Kullu at Seo-Bagh have been shifted to their actual campus after completion of required physical infrastructure. In these places, further construction is also in progress. Government Polytechnics Bilaspur, Lahaul Spiti and Kinnaur are functioning from the campus of their mentor institution i. e. Government Polytechnic Hamirpur, Sundernagar and Rohru. 4. As per instructions, construction work of building of Government Poytechnic Bilaspur at its permanent campus at Kalol, District Bilaspur is in advance stage and its Executing Agency has been requested to complete the work by June, 2018 so that classes may be shifted from the next academic session 2018-19 after receiving approval of AICTE in this regard. 5. As per these instructions, Government Polytechnic Lahaul & Spiti could not be established at newly site due to nontransfer of forest land and the site being in possession of Border Roads Organization and BRO is presently operating from that land. However, it is further stated that new site has been selected at Kukumseri in Udaipur as per approval accorded by the State Government and transfer case of this land is under process with Revenue and Forest departments. Besides, this matter regarding preparation of Drawings and Estimate is also under process with HPPWD. 6. For establishing Government Polytechnic at Kinnaur, the State Government after receiving the consent of M/s Himachal Baspa Power Company Ltd. at Urni has conveyed the approval to take over the building at the rate of Rs. 1. Besides, this matter regarding preparation of Drawings and Estimate is also under process with HPPWD. 6. For establishing Government Polytechnic at Kinnaur, the State Government after receiving the consent of M/s Himachal Baspa Power Company Ltd. at Urni has conveyed the approval to take over the building at the rate of Rs. 1. 00 only on lease basis for a period of 99 years and as per lease agreement was to be executed with a condition amongst others to take over the services of 22 employees of JP ITI in the department of Technical Education, H. P. and said process is under progress with the department. 7. These Polytechnics were proposed to be established in the year 2012. Now 2018 has started. Establishment of Polytechnics at Lahaul & Spiti, Kinnaur and Bilaspur is still awaited for want of completion of certain formalities. In view of delay in establishing these Polytechnics in their permanent campuses viz-a-viz instructions dated 21. 11. 2017 imparted by the State to learned Additional Advocate General, placed on record, present petition is disposed of with directions that respondents No. 1 and 2 shall ensure that construction work of permanent campus of Government Polytechnic Bilaspur is completed by June 30, 2018 so that classes may be shifted to the said campus from the next academic session 2018-2019 and transfer of land for permanent campus of Government Polytechnic Lahaul Spiti at Kukumseri in Udaipur be completed by 31st March, 2018 and construction work be initiated within further three months thereafter, for which all codal formalities including preparation of the Drawings and Estimate, which is under process with HPPWD, also be completed during the time taken for transfer of land. Further process pending with the department for establishing Government Polytechnic Kinnaur at Urni also be completed by 31st March, 2018 and classes be shifted to the newly campuses immediately thereafter, by providing necessary infrastructure for establishment of the Government Polytechnic Kinnaur. Petition is disposed of with aforesaid directions.