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2020 DIGILAW 1142 (JHR)

Rajan Kumar Singh S/o Sheo Pujan Singh v. State of Jharkhand through Secretary, Department of Urban Development Department

2020-12-04

RAVI RANJAN, SUJIT NARAYAN PRASAD

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JUDGMENT : 1. The matter has been heard through video conferencing with the consent of the learned counsel for the parties. None of the parties has raised any complaint regarding audio and visual quality. 2. Both the writ petitions filed in the nature of public interest litigation, have been directed to be heard together and having heard accordingly, are being disposed of with the common order. 3. Both the writ petitions have been filed inter alia, for issuance of writ in the nature of mandamus, directing the respondents to immediately cover the drains of the city of Ranchi and further to properly maintain the drainage system in the city of Ranchi as also for a direction upon the respondents to compensate the parent of ‘Falak’ to the tune of Rupees Twenty lakhs for the loss of their daughter and fix the accountability for the negligence and take a proper departmental action against the officers in default, liable for keeping the drains unsafe and open and not properly maintaining the drains of Ranchi which causing loss of life and other kind of nuisance to the public at large. 4. Learned counsel for the petitioner (in W.P.(PIL) No.3948 of 2019) has confined the writ petition only with respect to the relief sought in paragraph 1(a) as he would not be pressing relief no.1(b). 5. Various affidavits have been filed by the respondent-Ranchi Municipal Corporation as per the directions passed by this Court from time to time. 6. This Court has perused the supplementary counter affidavit filed on behalf of the respondent-Ranchi Municipal Corporation and found that several drains are still to be covered and for several drains, construction is going on. The respondent-Ranchi Municipal Corporation has raised the issue of non-availability of funds which is the cause of delay in completion of covering of the drains in the Ranchi City. 7. This Court after appreciating the aforesaid argument, had passed order on 09.10.2020 directing the learned State counsel to seek instruction from the Secretary, Urban Development Department, Government of Jharkhand, Ranchi, as to within what time necessary funds would be available for doing the needful as stated in the supplementary counter affidavit filed by the respondent no.2 on 24.09.2020. 7. This Court after appreciating the aforesaid argument, had passed order on 09.10.2020 directing the learned State counsel to seek instruction from the Secretary, Urban Development Department, Government of Jharkhand, Ranchi, as to within what time necessary funds would be available for doing the needful as stated in the supplementary counter affidavit filed by the respondent no.2 on 24.09.2020. The respondent no.2-Ranchi Municipal Corporation has filed an affidavit on 24.11.2020 in compliance to the order dated 09.10.2020, wherein it has been stated that the proposal for approval of these drains by the High Level Monitoring Committee has been placed before the said Committee vide letter No.1379/Eng. dated 02.11.2020. Regarding the rest of the drains, the availability of the fund will be discussed by the RMC Board. It has been stated that out of 11 projects for which tenders had been already floated, 7 projects received no bid and hence second call has been floated vide NIT No.46/Eng. dated 05.11.2020, one project of Ward No.18 being NIT No.02/Eng. dated 14.01.2020 has been concluded and agreement has been signed between R.M.C and the bidder. So far as the project under Ward No.25 is concerned, process of evaluation is complete and letter of acceptance has been issued. The bid process of Ward No.49 is not complete as yet and in second project of Ward No.49 letter of acceptance has been issued and work is to start soon. It has further been stated that for the drain in Nizamnagar, Hindpiri area, letter of acceptance (LOA) has been issued and the work is to start soon. The Urban Development and Housing Department has filed an affidavit, pursuant to the order dated 09.10.2020, stating inter alia therein that the department has already issued an allotment order being Allotment Order No.53 dated 21.09.2020 of Rs.1,96,79,900/- for covering of Nizamnagar drain and the Ranchi Municipal Corporation has been asked to expedite the work at the earliest. So far as the matter of non-execution of work is concerned because of stay on the SOR 2018 due to pandemic Covid-19, the ban on the execution of work on the basis of SOR 2018 has already been lifted by Resolution No.2306 dated 24.09.2020 of the Road Construction Department, Government of Jharkhand which has been forwarded to all urban local bodies vide departmental letter no.2396 dated 01.10.2020. It has further been stated that the Ranchi Municipal Corporation has been allotted a total sum of Rs.25,99,50,688/- vide order dated 02.06.2020 from the 15th Finance Fund for utilizing the fund for construction purposes of drains and also other purposes for development work. The Joint Secretary of the Urban Development and Housing Department has issued a communication on 09.07.2020 addressed to the Commissioner, Ranchi Municipal Corporation, requesting therein to withdraw the amount of Rs.5,72,54,700/- for construction of drains in the city which have been allotted to the Ranchi Municipal Corporation from 15th Finance Fund i.e. a total amount of Rs.25,99,50,688/- so that the construction work may be carried out as required necessary by the Corporation. 8. Learned counsel for the State by pressing the counter affidavit filed on behalf of the Urban Development and Housing Department, has submitted that the required fund, as requisitioned by the Ranchi Municipal Corporation, has already been allotted with appropriate direction for its withdrawal so that the work be expedited. Learned counsel appearing for the respondent-Ranchi Municipal Corporation has submitted that, now the funds has been made available to the Corporation, therefore, all the works pertaining to construction of drains, which is to cover the drains in the Ranchi city, shall be expedited. 9. We have heard learned counsel for the parties and considered the affidavits filed on behalf of the State as also the Ranchi Municipal Corporation and are of the view that both the public interest litigations have achieved its purposes and as such, there is no need to keep these matters pending. 10. In that view of the matter, the writ petitions are being disposed of, directing the Ranchi Municipal Corporation to complete the cover work of the construction of drains in the Ranchi city by following the good quality of the materials to be used in the construction work. It is directed to complete the construction work preferably within six months from the date of passing of the order. 11. With these directions, both these public interest litigations are consigned.