Dismissed

Gurnam Singh v. State of Punjab and Ors.

Punjab & Haryana HC20 Jul 2012CWP/5115/2011

Case brief

AI extract

What is this about?

CIVIL Writ petition sought direction for release of funds for constructing lawyer chambers at Amritsar. An affidavit by the Deputy Commissioner disclosed land details, confirmed sanction, and stated conditions regarding costs. The Court held the petition infructuous, disposed of it, and directed the Bar Association and District Judge to ensure conditions are met before starting construction.

What did the court decide?

Petition held infructuous and dismissed. Bar Association directed to ensure 50% contribution; District Judge to coordinate construction.

Gurnam Singh Vs State of Punjab and… — Public Procurement and Tenders | Punjab & Haryana HC (2012)

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In the High Court of Punjab and Haryana, at Chandigarh

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Civil Writ Petition No. 5115 of 2011

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Date of Decision: 20.7.2012

Gurnam Singh

... Petitioner

Versus

State of Punjab and Others

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... Respondents

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CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice. Hon'ble Mr. Justice Rakesh Kumar Jain.

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Present: Mr. Munish Puri, Advocate for the petitioner.

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Mr. Alok Jain, Additional Advocate General, Punjab, for the respondents.

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Jasbir Singh, Acting Chief Justice (Oral)

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This writ petition has been filed in public interest seeking issuance of direction to respondent No.2 to release an amount of ` 2,00,00,000 to respondent No.3 for construction of Chambers in District Courts at Amritsar. It is case of the petitioner that for the release of the above said amount on 6.1.2011 a letter was sent by the Deputy Commissioner, to the Under Secretary, Government of Punjab, Department of Revenue seeking approval for grant of that amount.

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On the last date of hearing, the following order was passed by this Court:-

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“The matter pertains to construction of lawyer's Chambers at Amritsar. The detail of allotment of land over which the chambers for lawyer's have been proposed to be constructed was to be placed before this Court by the respondent-State as well as the petitioner. However, the information is not forthcoming.

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Civil Writ Petition No. 5115 of 2011

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Learned State Counsel requests for one last opportunity. Accordingly, we adjourn the matter for 20.07.2012..

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Let affidavit of Deputy Commissioner, Amritsar (respondent No.3) be filed giving details of the land so that further direction be issued. If the petitioner is in possession of any such information that may also be placed on record. The needful shall be done on or before the next date of hearing in advance to the counsel opposite.”

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In response thereto an affidavit of Mr. Priyank Bharti, Deputy Commissioner, Amritsar, has been placed on record. Paragraphs No.2 to 5 thereof read thus:-

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“2. That deponent submits that District Court Complex at Amritsar is situated in the revenue estate Gumtala Urban, Tehsil Amritsar-II, District Amritsar bearing Khasra No. 462 min, Khata Khatuani No. 962/1190 and measures 91 kanals which is owned by the State Government. The proposal for construction of chambers for the Advocates of District Bar Association, Amritsar in District Court Complex, Amritsar, in this land has been considered under the Policy dated 11.11.2002 (Annexure P-1). It is further submitted that the land earmarked for this purpose is available parallel to the new building of Judicial Court Complex, Amritsar and the construction for

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Civil Writ Petition No. 5115 of 2011

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Chambers is to be made on 69639.75 Sq. feet (1.9344 acres). The agreement has has been made between the Deputy Commissioner, Amritsar and District Bar Association, Amritsar on 29^th November, 2010. A copy of the said agreement is annexed herewith as Annexure R-1.

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That sanction of Rs.2 crores for Lawyers Chamber and Rs.5 lacs for Library has been granted by the department of Revenue and Rehabilitation, Government of Punjab for construction of Lawyer Chambers at Amritsar under the main head “4059 Capital Outlay on Public Works” out of the budgetary provisions for the financial year 20122013 in concurrence with the department of Finance sanction dated 08.06.2012. A copy of the sanction dated 20.06.2012 is annexed herewith as Annexure

R-2.

That aforesaid subsequent development has necessitated execution of fresh Agreement with Lawyer's Bar Association at Amritsar area is 69639.75 Sq. feet (1.9344 acres). The proposed site plan is attached as Annexure R-3.

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That deponent further submits the aforesaid grant would be utilized as and when the Bar Association of Amritsar contribute matching amount of 50% of

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Civil Writ Petition No. 5115 of 2011

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the Construction cost and fulfill other conditions of the policy.”

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It is stated in the affidavit that the requisite amount has been released and the said amount will be utilized as and when the Bar Association contributes matching amount of 50% towards the construction cost and fulfill other conditions of the policy.

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In view of above, this writ petition has become infructuous and the same is disposed of as such. The Bar Association, Amritsar, will take up the matter with the Deputy Commissioner, Amritsar, to comply with the conditions so imposed and on completion of those conditions, work for construction of Lawyers' Chamber Complex will be started forthwith. The District Judge, Amritsar, is also directed to co-ordinate the process of construction of Lawyers' Chambers.

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(Jasbir Singh) Acting Chief Justice

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(Rakesh Kumar Jain) Judge

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July 20, 2012 “DK”

Gurnam Singh v. State of Punjab and Ors.

Case brief

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Gurnam Singh v. State of Punjab and Ors.

Case brief

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