Uttaranchal High Court: The Bench of Ramesh Ranganathan, CJ. and N.S. Dhanik, J. allowed an appeal against the interlocutory order passed by learned Single Judge, for construction of the Advocates’ Chamber without giving appropriate time extension to the appellant.
The appellant filed an appeal seeking relief and pleading extension of time against the impugned order directing them to file a final affidavit and to take immediate decision on the project. They contended that sanction of Detailed Project Report (for short DPR) is linked to releasing of funds. It is only if a budgetary sanction is accorded for construction of the Advocates’ chambers, would the question of approval of the DPR arise; and as funds can only be sanctioned by the State Legislature, and not Executive, a mandamus to the Executive is wholly unjustified.
The respondents in the aforementioned writ are practicing Advocates of the respective High Court; they had previously requested the Court for issuing the writ of mandamus and directing the appellant to complete the construction and to constitute a competent committee for allotment of new chambers and to review the existing chambers. The further allegation was that because of the negligence on the part of State, they are forced to work in harsh conditions.
The learned Single Judge observed negligence and inaction on the part of State and the concerned agencies despite a constant reminder from the Registrar General of High Court, who identified and allotted the land area for construction. After the declaration of Chief Minister sanctioning funds for the particular project, State remained inactive and failed to deliver the project in time.
The Court inquired about the laws which obligate State to finalize DPR only after adequate funds are sanctioned. Hence, the Court observed that there were no such laws and it was only the customary practice which required the State to approve DPR only when funds are released. The Court held, “It is not in dispute that a DPR is a pre-requisite for the commencement of construction, and it is only if the detailed project report is approved by the State Government, would the question of commencement of construction arise thereafter.”
The Bench, however, observed that funds are undoubtedly required, but in absence of any such law which makes obligatory on the part of State to approve DPR after sanction of funds, upheld and modified the order of learned Single Judge and directed State to finalize DPR within three months. [State of Uttarakhand v. Pradeep Kumar Chauhan, Special Appeal No. 268 of 2019, Order dated 02-05-2019]
