IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 DBA.No. 46 of 2008() (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - GENERAL ADMINISTRATION - CONSTRUCTION OF ACCOMMODATION BLOCK FOR POLICE AT NILACKAL BASE CAMP-BLOCK NO.II) PETITIONER: TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.V.KRISHNA MENON SMT.P.VIJAYAMMA RESPONDENTS: 1. THE STATE OF KERALA, REP. BY ITS SECRETARY, MINISTRY OF FOREST & WILD LIFE, THIRUVANANTHAPURAM. 2. THE DEPUTY EXAMINER FOR LOCAL FUND ACCOUNTS, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. GOVT. PLEADER SRI. M.P. PRAKASH THIS DEVASWOM BOARD APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = D.B.A. NO. 46 OF 2008 = = = = = = = = = = = = = = DATED THIS, THE 12TH DAY OF JUNE, 2008. O R D E R Raman, J. Notice of this DBA was taken by the learned Government Pleader appearing on behalf of the respondents as recorded on 28.5.2008. Two weeks time was granted to file report. No report so far is filed. The prayer is to approve Annexure-A estimate and permit the petitioner - Travancore Devaswom Board to construct the accommodation block for police at Nilackal Base Camp-Block No.II as well as to approve the action of the Chief Engineer (General) in inviting tenders. 2. It is averred in the affidavit that the proposed construction is one approved as per the master plan for Sabarimala. The required land is diverted at Nilackal for the developmental works and the Board is stated to have been taken steps for providing necessary infrastructure at Nilackal. The present facilities at Nilackal is quite insufficient. Copy of the estimate is produced as Annexure A and Annexure B is the copy of the plan. 3. We have considered the averments made in the affidavit. The proposed construction is for providing better amenities to the police DBA 46/2008 :2: officials at Nilackal and according to the averments necessary land has been earmarked for development of the projects as per the masterplan. 4. In the facts and circumstances and taking note of the fact that administrative sanction has already been accorded by the Board, approval sought for is granted subject to the condition that the proposed construction shall be strictly in accordance with the approved master plan. However, we find that the land where the proposed construction is to be made is to be identified after approving the same by the Forest Department. It is also pointed out by the learned Government Pleader that as per the master plan, a lay out has to be prepared which has not been done in this case. Therefore, we direct that before starting the construction work, the lay out has to be prepared and get approved from the Forest Department so that the land could also be identified. As regards the approval for inviting tenders in anticipation, we may indicate that if a lay out plan is prepared and approved from the Forest Department, there will be no occasion for any dispute regarding the identity of the land and therefore, hereinafter, whatever construction is to be made, a lay out plan has to be prepared and get approved from the Forest Department. Subject to the above condition, the approval sought for inviting tenders is granted. But as we have already stated, construction shall be started only after getting approval from the DBA 46/2008 :3: Forest Department. In similar cases, we have already directed the Ombudsman to oversee the construction having due regard to the fact that the amount involved is huge. A copy of this order may be earmarked to the Ombudsman for information. Closed. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-