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Jharkhand High Court
Advocate Association vs State Of Jharkhand & Ors on 12 September, 2011
                            W.P. (PIL) No. 2211 of 2010
            Advocate Association                                 ...     ...       Petitioner
                                  -V e r s u s-
            The State of Jharkhand & Others                      ...     .. Respondents
            For the Petitioner            : - Mr. Shekhar Sinha, Advocate.
            For the Respondents           : - Mr. A. K. Sinha, A.G.
            Order No. 33                                       Dated 12th September 2011

As back as on 17 May, 2010, the Division Bench of this Court
directed the Advocate General to address, as to why despite the statement came
from the State Government for providing 300 acres of land for the purpose of new
building of the High Court, nothing has been done till date. A detailed order was
passed by this Court on 18th May, 2011 pointing out that before creation of the
State of Jharkhand as a separate state, everything must have been considered by
the Governments, may it be Bihar Government or Central Government that how
the State of Jharkhand will be created and what will be the financial implication
for creation of the State of Jharkhand. We have reason to believe that the State of
Jharkhand was created, because of its peculiar situation, containing large
population of the various tribes and the members of the Scheduled Castes with
large population below the poverty line. Therefore, we can believe that there must
have been some specific package and aid from the Central Government for
development of the entire State of Jharkhand. If so was not, then we would like to
know, what was the aim and object for creation of a new State of Jharkhand.

2. We are conscious of the fact that even a Court of the Munsif
cannot be created without knowing the financial implication, therefore, the State
of Jharkhand must not have been created without knowing the natural
consequence and that natural consequence may be of having its own Assembly
House as well as Secretariat and other Government buildings as well as the High
Court building also, therefore, on 18th May, 2011, a detailed order was passed.
Then on 20th June, 2011 and thereafter on 13th July, 2011, we passed the orders
that the State Government shall provide sufficient materials with respect to the
Projects, which may have been taken into account while taking a mission to
create a new State of Jharkhand. However, no material has been provided to us
till today.

3. As we already noticed that, more than two years have passed to the
State was directed to give statement that what has been done by the State
Government for providing 300 acres of land for the High Court, we, though
assured on behalf of the State Government that the land will be given to the High
Court and this Court fixed the time limit to hand over the land to the High Court
by 20th June, 2011, today, learned Advocate General submitted that the State
Government has engaged an Agency to work out and carve out and prepare a
detailed project for Assembly building, Secretariat building and High Court
building within the land acquired from the H.E.C. but for that, that Agency has
given time of six months.

4. We cannot appreciate the stand taken by the State Government
today, in the light and background of the facts referred above, which clearly
indicates that the Court has taken up the matter for handing over the land to the
High Court as back as in the month of May, 2010 and more than a year has
already passed. Not only this, but even after fixing the time limit of 20th June,
2011, nothing substantial has been done. We do not find any just reason to
include the project of construction of the High Court building with other matters
like construction of Vidhan Sabha and Secretariat building etc. and there is no
reason for the judiciary to wait for those structures to come up so as to get the
land for the High Court. The State Government itself, has not taken any action for
construction of Vidhan Sabha, Secretariat and the other buildings of the
Government. On that count, the State Government now cannot link the
construction of the High Court Building with the other buildings of the State
Government for which there will have to be planning for buildings, which is yet
not known.

5. Learned counsel for the State also submitted that as per his
knowledge, even a new capital city of the State of Jharkhand was conceived long
back, which may be about 7-8 years ago and for that purpose, the credit in public
was sought to be taken by the relevant persons but nothing has happened, except
getting the publicity.

6. In view of the above reasons and in view of the above experience,
we direct the State Government to separately identify the land for the High Court
building and hand it over to the High Court by or before 17th October, 2011. We
are making it clear that the State Government is required to identify the land and
the High Court has already given its proposal for the land requirement, wherein,
number of components have not been included and the outline of the minimum
requirement of land for the High Court has been given.

7. In view of the above reasons, the State shall comply with this order
and shall also give the details with respect to the financial assessment made by
the Government for construction of the city of Ranchi to the status of a capital of
a State. The State may broadly indicate the allocation of the funds in plan
expenditure and non-plan expenditure for the relevant constructions referred
above and to be contributed by the Central Government and share of the State
Government, so that the matter can be examined by the State Government also,
whether the State got the funds as per the State’s right and have been utilised in
past and if has yet not been obtained the funds from the Central Government, they
may act to obtain the funds from the Central Government and give their
contribution for the development of the State of Jharkhand and making the
Ranchi city as a capital city of the State of Jharkhand. The above particulars,
details and facts may be given by or before 20th October, 2011 to this Court and
the State will be free to keep its record for perusal of the High Court, if they find
any difficulty in submitting the record.

8. Put up this case on 20th October, 2011.

9. Let a copy of this order be given to the learned Amicus Curiae and
the learned Advocate General by tomorrow.

(Prakash Tatia,C.J.)

(P.P. Bhatt, J.)


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