LALAN KUMAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This contempt petition has been preferred because of non -implementation of certain directions contained in the order dated 22nd July, 2003 passed in W.P. (PIL) No. 3585/2002 and it has been brought to our notice by the learned counsel for the petitioner that some orders may be looked into because of the reason that it is a matter of public interest, for which PIL was entertained by the Division Bench of this High Court as back as in the year 2002 and several orders were passed since 2002 in W.P (PIL) No. 3585/2002. The said PIL has been disposed of, vide order dated 28th April. 2008, after recording the statement of the then learned Advocate General, who submitted that already elected body has taken the charge of administration of Ranchi Municipal Corporation and therefore, it is for the elected body to continue implementing the orders already passed by this Court and arguments of the counsel appearing for Ranchi Municipal Corporation, who submitted that the earlier orders passed by this Court will be respected and implemented by the elected body. Recording the aforesaid undertakings given by the then learned Advocate General and the counsel appearing for Ranchi Municipal Corporation. W.P (PIL) No. 3585/2002 was disposed of, vide order dated 28th April, 2008.

(2.) THE State of Jharkhand was created on 15th November, 2000. Obviously the Government/Governments were satisfied that it is essential to bifurcate the erstwhile State of Bihar and one portion may be curved out for creation of a new State, i.e. State of Jharkhand, so that there may be continuous sustainable development in the State of Jharkhand and the objective may be of upliftment of public in the State of Jharkhand, who may live with dignity, which includes their right to live in a planned, developed, maintained and hygenic city. However, as has been noticed by this Court, since 2000 the State of Jharkhand does not have its own Assembly Building even. It has been brought to the notice of this Court that a number of plans were floated and for preparation of D.P.R of those plans, public money was wasted and that may be a less damage to the public of the State in comparison to the loss which has been inflicted to the public of the State of Jharkhand by not getting the offered fund from Central Government because of absolutely lathargic way of working, amounting to taking salary and perks by the Officers for virtually no working. There are several other issues which will indicate that how much of the fund had been offered by the Central Government to the State Government in the last 13 years but have not been utilized because of the gross negligence of the Officers of the State. The loss of the fund to the State cannot be ignored, then also the grave fact, which cannot be ignored, is that public of the State of Jharkhand are dragged to live in an absolutely unhygenic environment as in 2013 affidavit has been submitted by the Ranchi Municipal Corporation on 10th April, 2013, admitting in para 6 that "It is stated that Ranchi does not have a sewerage and drainage system and as such there is no treatment plant for treatment of domestic effluent." This is the position of the year 2013, after 13 years of the creation of the State of Jharkhand and declaring Ranchi as Capital City. It is not that such issue was not in the knowledge of the administration. Not only the issue was in the knowledge of the State administration but also a public interest litigation was filed as back as in the year 2002 whereupon W.P (PIL) No.3585/2002 had been registered. We are not referring other orders but we are starting with the order dated 24th February, 2006 passed in W.P (PIL) No.3585/2002, where in presence of the then learned Advocate General for the State and of the counsel for Union of India, the Court observed that this PIL has been preferred by the petitioner, bringing to the notice of the Court the non -functional sewerage and drainage system in the capital town of Ranchi. This Court in the said order noted that as number of houses have been constructed, colonies have developed (which is a serious question in the State) but no sewerage or drainage system has been developed by the State for maintaining hygiene of the public of Jharkhand. In the order dated 24th February, 2006, it was noted that there is a proposal to appoint Consultant, who will prepare D.P.R. whereinafter, the State, on studying the Report, will identify the source of fund for the scheme and then it will take steps for publication of the scheme, inviting objections and will allot the work. A chart was submitted indicating the time frame within which steps will be taken. The first step was to float a tender. Such tender was to be floated by March, 2006 and ultimately for completion of the work, four -year time was shown so as to end the work in the month of March, 2010. The said chart has been quoted in the order dated 24th February, 2006. Then in the same order dated 24th February, 2006, the Division Bench directed the Central Government through the Secretary, Ministry of Urban Development, to take steps for release of fund under appropriate scheme, as and when the authority of the State of Jharkhand so approaches. The Court observed that in case of any difficulty, it may inform the Court. The State of Jharkhand and Ranchi Municipal Corporation, in their turn, were directed to complete the work within time frame as shown in the status report and quoted in the chart.

(3.) DURING this period upto 28th April, 2008 and after the order dated 24th February, 2006, the said W.P (PIL) No.3585/2002 was taken up for consideration on 5th May, 2006, wherein this Court observed that in spite of specific orders passed by this Court on 17th February, 2006 and 24th February, 2006, the respondents have failed to show any progress in regard to making the provisions for sewerage and drainage system in the capital town of Ranchi, which are non -functional since long. On that day, the then learned Advocate General submitted that though the Consultant was appointed but in view of certain allegation, the State Assembly of Jharkhand had ordered for enquiry. Then this Court observed that since it is a matter relating to sewerage and draingage system in the capital town of Ranchi and it will become hazardous to the public health, the authorities should take a decision in one or other way with regard to appointment of consultant so that the construction of sewerage and drainage system in the capital town of Ranchi may start at an early date. On 30th June, 2006 in W.P (PIL) No.3585/2002, it was submitted that the Consultant is likely to submit report, within six weeks and the time was allowed by this Court. On 9th November, 2006, the Court observed that the status report filed by the respondents would indicate that agreement has been entered into and as per the agreement, the Consultant has to submit the Draft Project Report on or before 26.12.2006. In the hope of so would be done, the matter was adjourned for obtaining Draft Project Report (DPR).