High Court Patna High Court - Orders

Hardinge Memorial Fund Trust vs The State Of Bihar & Ors on 21 September, 2011

Patna High Court – Orders
Hardinge Memorial Fund Trust vs The State Of Bihar & Ors on 21 September, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.15445 of 2005
                            Hardinge Memorial Fund Trust
                                           Versus
                                The State Of Bihar & Ors
                              ----------------------------------

95/ 21.09.2011 1. Heard learned counsel for the petitioner,

learned counsel for the intervener and learned counsel for the

State.

2. The Principal Secretary, Urban Development

Department, Govt. of Bihar and the Deputy Secretary, Urban

Development and Housing Department, Govt. of Bihar are

present in Court.

3. The said authorities have come with concrete

statements and plans for the development of Park which they

very fairly stated before this court. It is stated by the Principal

Secretary that the architect M/s Kapur and Associates have

been selected by the Committee under the Chairmanship of the

Development Commissioner and the same has been approved

by the government.

4. He has further stated that the plan with small

modification of the Park has been finalized by the said

Committee which had been duly authorized by the

government, whereafter the Notice Inviting Tender is in the

process of finalization of selecting a contractor for construction

of the Park based on the approved designs and the said NIT

would be published by 20th of October, 2011 fixing an early

date not beyond 30th of November, 2011 as the last date for

submitting tenders, whereafter the process for finalizing the
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tender will have to be started and completed soon.

5. In the said circumstances let this case be placed

under the same heading on 07.12.2011 and on that date an

affidavit must be filed on behalf of the authorities with a copy

of the revised map informing the court about the steps already

taken by them and also the steps which are further required to

be taken in this regard.

6. It is not in dispute that some fund of the Park is

lying in two banks in the name of erstwhile trust which

included the Divisional Commissioner, Patna as its ex-officio

member/officer bearer. Since the trust has been dissolved by

the order of this court holding it to be illegal and the

government was declared to be the owner of the Park, the said

fund must be transferred to the government for the

development of the Park in question. In the said circumstances,

the Divisional Commissioner, Patna is directed to hold a

meeting of the erstwhile members of the trust, who are present

within one month and take a decision in that regard for transfer

of the said amounts to the government, also considering the

implication of the taxation in this regard. He must hold a

meeting and thereafter take a decision in that regard positively

and file an affidavit in this court with respect thereto, so that it

may also be considered along with other matters on

07.12.2011.

7. Let a copy of this order be handed over to

learned Additional Advocate General-1 as well as to
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Sri Shambhu Sharan Singh, Advocate for the intervener so that

a copy of this order shall be given to the Divisional

Commissioner, Patna within two weeks for compliance.

Harish                                    (S.N. Hussain, J.)