- (1.) BY order dated 30.6.2006, the Administrator, Ranchi Municipal Corporation was directed to file affidavit showing details of the road maintained by the Corporation and the condition of the roads.
(2.) IN utter violation of the order an affidavit has filed by one Suresh Kumar Thakur, Assistant Engineer posted in the Corporation. For better appreciation, the order dated 1.9.2006 is reproduced here in below: (1) Construction of four -lanes -N.H. - 33. In compliance of the order dated 30.6.2006 affidavit has been filed by the Project Director , National High Way stating, inter alia, that a consultant has been appointed for updating the detailed project report of Hazaribagh and Ranchi sections. A letter to that effect has been issued to the consultant on 5.7.2006. It is further stated that the notification under Section 3 of the Land Acquisition Act has been published in the Gazette of India dated 12.2.2006 and a meeting was convened on 13.7.2006 by National High Way Authorities, Headquarters with the consultant for reviewing the progress of work. Lastly it is stated that the consultant is expected to submit the land acquisition plan and documents as per National Highway Act by Ist week of September, 2006. Considering the statements made in the affidavit we direct the National Highways Authorities to proceed expeditiously with the acquisition of land and further on the basis of the report of the consultant. The National Highways Authorities shall file further affidavit showing the progress that shall be done till 1st of October, 2006. (2) ROADS MAINTAINED BY RANCHI MUNICIPAL CORPORATION.: Reference may be made to the order dated 30.6.2006 whereby the Administrator, Ranchi Municipal Corporation was directed to file affidavit showing the details of the roads maintained by the Corporation and also the proposed project for widening, strengthening and repairing the same during the financial years 2006 -07. It was further directed to enclose a chart showing the position of such roads, the progress which took place and the present condition of the said roads. The officers of National Highway Authorities of India , the Secretary, Road Construction Department, Govt. of Jharkhand, Vice Chairman , RRDA and the Administrator, Ranchi Municipal Corporation were directed to appear to day. But, neither the Secretary, Road Construction, department, Govt. of Jharkhand nor the Vice Chairmen, RRDA nor the Administrator, Ranchi Municipal Corporation have appeared before this Court today. Although the Administrator, Ranchi Municipal Corporation has filed an affidavit, as directed by this Court, but the same has been sworn by one Suresh Kumar Thakur, Assistant Engineer posted in the Corporation. Prima facie, it appears that the statements made in the affidavit are palpably false and baseless. We can take judicial notice of the fact that the entire roads maintained by the Corporation in the Ranchi town are in a dilapidated condition. In the above premises, we direct the Assistant Engineer, namely, Suresh Kumar Thakur to show cause as to why he should not be prosecuted for swearing false affidavit. The Secretary, Road Construction Department, Govt. of Jharkhand, Vice Chairman, RRDA and the Administrator, Ranchi Municipal Corporation are also directed to file show cause as to why a proceeding for contempt of this Court be not initiated against them for not complying with the order dated 30.6.2006. These officers shall be personally present on the next date i.e. 15 th September, 2006. In the meantime, we constitute a Committee consisting of the Executive Engineer, Road Construction Department, Ranchi, the Deputy Administrator of the Corporation and Mr. Aparesh Kumar Ssingh, an Advocate of this Court . The Committee is directed to make a survey of the roads maintained by Ranchi Municipal Corporation falling within Ranchi Municipal Corporation and submit its report by 15 th September, 2006. The Corporation shall extend all facilities to the Committee for making survey of the roads. The rest of the matters shall be considered after two weeks. List this matter on 15 th September, 2006. Let a copy of this order be handed over the counsel for the parties. Today an inspection report of Three Men Committee as appointed by this Court has been submitted. From perusal of the said report coupled with the photographs of the roads in question, it is evidently clear, that most of the roads maintained by the Municipal Corporation are in a very bad condition and it needs immediate repair. It is, therefore, clear that Mr. Suresh Kumar Thakur , Assistant Engineer filed a false affidavit before this Court. Mr. Thakur who is present in Court tenders his apology for swearing false affidavit. In our opinion he has not only committed offence of progen but also committed contempt of this Court by giving misleading statements. Although, he has pleaded bis guilty and tendered his apology but we give him an opportunity to file show cause as to why he should not be punished under the Contempt of Court Act and as to why a criminal case be not initiated against him.
(3.) PUT up this case on 22 nd September, 2006 to enable the deponent - Suresh Kumar Thakur, Assistant Engineer to personally file show cause.;