Bar Association Vs. State of Jharkhand and ors. - Court Judgment

Excerpt:
- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant. - by order dated 1.10.2007, a bench of this court directed the advocate general to look into the matter and file a status report as well as make submission with regard to various aspects dealt with by the petitioner in the writ petition......building and other infrastructure for opening of the national law school, but unfortunately, the state government is sitting tight over the matter. by order dated 1.10.2007, a bench of this court directed the advocate general to look into the matter and file a status report as well as make submission with regard to various aspects dealt with by the petitioner in the writ petition. till date even no counter affidavit has been filed by the state.4. it is worth to mention here that after waiting about 1-1/2 years, the bar association as petitioner filed this public interest litigation (pil) seeking direction upon the government for opening of national law school forthwith.5. learned advocate general submitted that government is also interested for opening of national law school. but.....

Judgment:
ORDER

1. This PIL relates to opening of National Law School in the capital city (Ranchi) of State of Jharkhand. The initiative for opening of five years degree course Law School has been taken in 2006 and the Birla Institute of Technology (in short 'BIT') Mesra, Ranchi was requested to provide land and building, so that without waiting any further, session for five years degree course could be started. The Memorandum of Understanding (MOU) was also executed by and between the authority of the BIT and the Government and three men core committee was also constituted by the Government of Jharkdiand vide notification dated 10.4.2006.

2. A copy of the said memorandum has been annexed as Annexure-A to the counter affidavit filed by the BIT.

3 From perusal of the counter affidavit filed by the respondent BIT Mesra, it is evident that the Institute agreed to give full cooperation by allotting land, building and other infrastructure for opening of the National Law School, but unfortunately, the State Government is sitting tight over the matter. By order dated 1.10.2007, a Bench of this Court directed the Advocate General to look into the matter and file a status report as well as make submission with regard to various aspects dealt with by the petitioner in the writ petition. Till date even no counter affidavit has been filed by the State.

4. It is worth to mention here that after waiting about 1-1/2 years, the Bar Association as petitioner filed this public interest litigation (PIL) seeking direction upon the Government for opening of National Law School forthwith.

5. Learned Advocate General submitted that Government is also interested for opening of National Law School. But because of some impediment, final decision has not been taken. However, the issue shall be resolved within a week.

6 On the submission made by learned Advocate General we adjourn this case to 16th May, 2008. Before the date fixed, whatever impediment or whatever clarification is required that should be resolved and a counter affidavit shall be filed by the State of Jharkhand.

7. Let this case be listed on 16th May, 2008 as first case.

8. Let a copy of this order be handed over to Mr. M.S. Anwar, learned senior counsel appearing for the petitioner.