NETTAR SINGH NAGRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition in the name of public interest raises an issue with respect to construction of new Judicial Courts Complex, Khanna. The petition has been filed on the ground that the location selected is not ideal and there are other government lands available which are more suitable for construction of the Judicial Courts Complex.

(2.) The issue of construction of new Judicial Court Complex, Khanna, was taken up by the Building Committee of this Court for Punjab in its meeting held on 7/3/2013 wherein report, submitted by a Committee consisting of Principal Secretary (Home) and District and Sessions Judge, Ludhiana, was considered suggesting a site near Khanna to be suitable for construction of the Courts Complex as well as houses for Judicial Officers and, after considering the same, the Hon'ble Building Committee resolved to call for a report from the District and Sessions Judge, Ludhiana. In the meantime, the Principal Secretary (Home), proposed another site at village Alour stating that the said site comprising of 15 acres of shamlat land was more suitable. The Hon'ble Building Committee in its meeting dtd. 25/4/2013 resolved to request the Hon'ble Administrative Judge in consultation with District and Sessions Judge to look into the matter regarding both the sites i.e. of Village Alour and Village Bullepur. The Hon'ble Administrative Judge inspected the two sites situated at Village Alour and Village Bullepur along with a third site at Village Bhattiawali and submitted a report that the site at Village Bhattiawali was not suitable for construction of Judicial Courts Complex. Same was the view expressed in respect of the site situated at Village Alour. As regards the third site situated at Village Bullepur, the report submitted was that at the said land both the Administrative and Judicial Courts Complexes cannot be constructed and the land is sufficient only to establish Judicial Courts Complex.

(3.) The report of the Hon'ble Administrative Judge was considered by the Hon'ble Building Committee in its meeting dtd. 12/9/2013 and a decision was taken that land abutting the G.T. Road at Village Bullepur is more suitable for setting up of new Judicial Courts Complex as adjoining thereto is a vacant land measuring 3 killas owned by I.T.I. bearing Killa Nos.9, 12 and 19 which can be transferred to the Revenue Department and thereafter the complex can be constructed. The Secretary, Department of Home Affairs was apprised of the decision. The matter was then considered by the Hon'ble Building Committee in its meeting held on 26/2/2014 along with the report submitted by Under Secretary (Home) to the effect that the land in Killa Nos.9, 12 and 19, which was belonging to ITI, was given to IGNOU on 99 years' lease and the same is not available to be spared for construction of Judicial Courts Complex. The Hon'ble Building Committee, after deliberating the issue, made a recommendation that construction of Judicial Courts Complex be taken up as an independent project and necessary drawings be submitted at the earliest and Deputy Commissioner, Ludhiana, was also requested to identify some suitable site for construction of residences for the Judicial Officers and subordinate staff. In pursuance to these recommendations, revised drawings for construction of new Judicial Courts Complex were submitted which were approved by the Hon'ble Building Committee of this Court for the State of Punjab in its meeting dtd. 12/10/2018 and the rough cost estimate, submitted for the said construction by the Engineering Department, was also approved.