SANJEEV KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE writ petition being W.P. (PIL) No. 1292 of 2002 was filed by Mr. Sanjeev Kumar Mishra with a prayer that the direction may be issued for construction of the Sulabh Shauchalaya (Public Urinals) in the capital city of Ranchi. However, this Court vide order dated 19.2.2002, finding the difficulties of the public at large and after taking note of the learned counsel for both the parties that the Ranchi town has been grossly neglected in the past and that practically there are no public conveniences for the name in the Ranchi town, and thereafter, on 20.3.2002, this Court observed that the affidavit of the Administrator, Ranchi Municipal Corporation has been filed today, which depicts a very sorry state of affairs with regard to the encashment of the allocation of funds made by the Stage Government. Then, again on 21.3.2002, a very detailed order was passed. On 23.4.2002, a further detailed order was passed. The order of this Court dated 21.3.2002 passed in W.P.(PIL) No. 1292 of 2002 was challenged before the Supreme Court in Civil Appeal No. 3278 of 2003, wherein the operation of the order dated 21.3.2002 was stayed and was confirmed vide order dated 27.1.2011. The Hon'ble Supreme Court in the said Civil Appeal No. 3278 of 2003 observed that the learned counsel appearing for the appellant - the Administrator, Ranchi Municipal Corporation gave the statement showing the details of the steps taken by the Ranchi Municipal Corporation to provide public convenience during the period 2001 -2002 to 2010 -2011. In view of the above, the Hon'ble Supreme Court found that there is no justification to interfere with the directions made by this Court vide order dated 21.3.2002. After 21.3.2002, on 23.4.2002, a detailed order was passed by this Court and some direction was given to the Ranchi Municipal Corporation, Ranchi. All these facts have been taken note of W.P.(PIL) No. 1292 of 2002 in order dated 18.5.2011. On 2nd April, 2012, some new facts came on record with respect to the allotment of the work to the two companies i.e. M/s. A2Z Waste Management Company Ltd. and M/s. Meinhardt Singapore India Pvt. Ltd., and thereafter, on 17.5.2012 and 16.7.2012 further orders were passed. Be that as it may, in the writ petition being W.P.(PIL) No. 1292 of 2002, the issue is with respect to the public convenience which is not available to the public of the city of Ranchi and the condition of the city of Ranchi, which is a capital city, has deteriorated for very many reasons. However, the company -M/s. A2Z Ltd. has submitted that they are taking several steps for making the city clean. Learned counsel for M/s. Meinhardt Singapore India Pvt. Ltd. has submitted that their task was to do the work in a phased manner which includes Preparation of D.P.R. for various Projects under the Scheme known as Jawaharlal Nehru National Urban Renewal Mission (in short, JNNURM). Learned counsel for the petitioner in the another connected writ petition being W.P.(PIL) No. 2944 of 2011 pointed out that originally the estimated cost of the project was Rs. 1140 Crores in the year 2007, now as per the revised D.P.R. the cost of the project has reached to Rs. 1640 Crores approximately in the year 2012. It is submitted that under this Scheme, 50 per cent of the amount is to be given by the Union of India and 50 per cent by the State Government. This Scheme should have been fully implemented on 31.03.2012. The fact with respect to the Scheme of JNNURM have been taken note in the W.P.(PIL) No. 2944 of 2011 in the order dated 17.1.2012. However, in the W.P.(PIL) No. 1292 of 2002 notices were issued to the company - M/s. A2Z Ltd. and M/s. Meinhardt Singapore India Pvt. Ltd. whose counsels have put in their appearance.

(2.) BECAUSE of the pendency of the two petitions, one W.P.(PIL) No. 1292 of 2002 and another W.P.(PIL) No. 2944 of 2011, different orders are passed on different dates in these two petitions, which are substantially having the same object and seeking relief of improvement in the Sewage, Drainage, Roads, Transportation, Water Supply and Basic Services for Urban Poors. To avoid any further different orders in different files, we deem it proper to dispose of the writ petition being W.P.(PIL) No. 1292 of 2002 with a direction to the office to tag the copy of the affidavits filed by the company -: M/s. A2Z Ltd. and M/s. Meinhardt Singapore India Pvt. Ltd. filed in W.P. (PIL) No. 2944 of 2011 after making the note on the reply that the replies are tagged in W.P.(PIL) No. 2944 of 2011. In view of this order, therefore, the W.P.(PIL) No. 1292 of 2002 stands disposed, of and the rest of the proceedings will be taken in W.P.(PIL) No. 2944 of 2011. Office is directed to tag the copies of the orders passed in W.P.(PIL) No. 1292 of 2002 in the W.P.(PIL) No. 2944 of 2011 separately in the separate file cover mentioning "copies of the orders passed in W.P.(PIL) No. 1292 of 2002".

(3.) COPY of this original order be tagged in the W.P.(PIL) No. 2944 of 2011 and the photostate copies of this order be tagged in W.P.(PIL) No. 1292 of 2002.