DISTRICT BAR ASSOCIATION, GUMLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The grievance of the petitioner for construction of the building for Gumla Bar Association was raised by filing writ petition, W.P.(PIL) No. 4300 of 2009 wherein supplementary counter affidavit was filed by the respondents-State. In paragraph 4 of that supplementary counter affidavit, it has been admitted that in existing judicial system, the members of the Bar constitute an integral and indispensable part. Therefore, the construction of a building in the court campus for the members of the Bar is an essential part of the system and would fall within the ambit of public works. However, it has also been mentioned that if there are unreasonably large number of lawyers practicing in a particular court, all of them cannot be accommodated at public expenses. It is submitted thereafter that the matter requires to be examined at the higher level of the State Government for setting out parameters as to how many lawyers would be essential for efficient running of the Court complex of a particular place, having regard to the number and nature of functional courts in that complex. It would further be relevant to mention here Sub-para (iv) of para (4) and paragraph (5) of the said supplementary counter affidavit, which is quoted herein below.-

(2.) An Annexure was also annexed showing the requirement of the area. Then one building construction plan along with map was forwarded by the Deputy Concessioner, Gumla to the Principal Secretary, Building Construction, Jharkhand on 12th May, 2011 for approval. Then again reminder was sent on 29.03.2012. However, On 15th March, 2012 requisite sanction was granted for construction over 99' X 94' = 9306 sq. ft. land but proposal for additional land was not accepted.

(3.) The petitioner in-person submitted that in spite of giving undertaking before this Court, on the basis of which, the petitioner's above writ petition, W.P. (PIL) No. 4300 of 2009 was disposed of, the State has not constructed the building.