O.P.Garg, J. - (1.) Kunwar Pal Singh Rathi claiming himself to be a media person has brought, in public interest, the petition under Article 226 of the Constitution of India and has prayed for the following reliefs : "(i) issue a writ, order or direction in the nature of mandamus directing a thorough investigation in the 'Ambedkar Park' project through an independent investigating agency on the basis of the prima facie offences disclosed in the report dated 17.5.1999 (Annexure-1 to this writ petition) of the Comptroller and Auditor General of India against the High-profile personalities of the State as per the procedure of investigation and submission of charge-sheet under the Court monitoring laid down by the Hon'ble Supreme Court in the case of Vineet Narain v. Union of India, (1998) 1 SCC 225, and in the case of Union of India v. S.K. Modi and Ors., (1974) 4 SCC 770. or In case the State police has proceeded with some investigation in the 'Ambedkar Park' project, then further investigation be ordered by some independent investigation agency under Section 173 (8) of the Criminal Procedure Code. (ii) Issue any other suitable writ, order or direction to any agency or authority to ensure those who have subverted the Rule of law in the execution of the yet incomplete 'Ambedkar Park' project be punished so that such subversion of faith of public by those in high public places may not be repeated as the report of the C.A. dated 17.5.1999 discloses. (iii) Award cost to the petition and fee of the counsel's to the petitioner." The above mentioned reliefs have been formulated on behalf of the petitioner on the basis of the decisions of the Apex Court in Union of India v. Sushil Kumar Modi and Ors., (1997) 4 SCC 770 and Vineet Narain v. Union of India, (1998) 1 SCC 225.
(2.) The springboard to maintain the present petition is the report of the Comptroller and Auditor General of India (for short 'C.A.G.') dated 17.5.1999 submitted to the Governor of U. P. to be made and the report of C.A.G. was submitted in the wake of the following facts.
(3.) With the twin-objectives of attracting national and international tourists and highlighting, propagating and disseminating the ideals and philosophy of Dr. Bhim Rao Ambedkar, Government of Uttar Pradesh decided in August, 1995 to build a national monument depicting his distinct personality, life events, thoughts and relentless efforts for the upliftment of the oppressed classes of the society. The monument known as 'Ambedkar Sthal' with a park around the Sthal was originally conceived to be constructed to 28 acres of land in Vipin Khand of Gomti Nagar, Lucknow, The project was known as 'Ambedkar Udyan Project' (hereinafter referred to as the project'). The foundation stone of the project was laid on the independence Day, i.e., 15th August, 1995. The State Government decided to engage an architect/designer of national/international repute to develop a concept for the project and to prepare detailed designs, etc., for the project. On the basis of concept plan presented to the then Chief Minister in 1995, Sri Satish Gujral, a renowned architect was finally selected and the plan was accepted for implementation. Before the work on the project could start, the Government headed by Ms. Mayawati fell and President's Rule was imposed in October, 1995. The project virtually remained standstill and it gained momentum only when Ms. Mayawati again became Chief Minister on 23rd March, 1997. She gave instructions for raking up the project on top priority basis with a view to complete it expeditiously ; to ensure tying up of various requisite in puts for proceeding with the project on a war footing, she immediately within two days of the assumption of office convened a meeting of high level officers on 25.3.1997 in which several decisions were taken so that the project proceeds on an unprecedented fast pace and the target period for completion was fixed as four months. This meeting was attended by Principal Secretary to the Chief Minister, Principal Secretaries of Public Works, Energy, Housing, Finance, Urban Development, Horticulture and Cultural Departments as well as Commissioner, Lucknow Division, Vice Chairman, Lucknow Development Authority, District Magistrate, Special Secretary, Joint Secretaries, Chief Engineers-Public Works Department, Lucknow Development Authority, Nagar Nigam besides Secretary Lucknow Development Authority and Additional Mukhya Nagar Adhikari, Nagar Nigam (vide C.A. 1 to the counter-affidavit). The original concept plan was revised in the said meeting to give a bigger and higher dimension to the Ambedkar Sthal than what was proposed earlier in the year 1995. In April 1997, it was decided to develop the adjoining area of 15.40 acre as 'Jan Subhidha Prasar' and for 'construction of V.V.I.P. Guest House'. Since the entire project was sought to be completed within a time frame of four months, the Nodal Agency, namely, Lucknow Development Authority decided to bifurcate the project in two parts-'Ambedkar Sthal' and 'Ambedkar Udyan'. The work under Ambedkar Sthal comprising the main structure of the project was entrusted to U. P. Rajkiya Nirman Nigam while the work of Ambedkar Udyan was undertaken by the Lucknow Development Authority itself.;