ADVOCATE ASSOCIATION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AS back as on 17th 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.) 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 it self, 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.