2013 (7) TMI 177 - HC - Indian Laws

Extension of time - Repair work not completed - construction of a world class Museum - Held that - State Government would not chase the applicant; nor would forcibly evict him from his present residence at 6, Bailey Road, Patna. However, keeping in view the fund available to the applicant and the machinery available to him, the applicant ought to have adhered to the time-frame decided by the Court with consensus - applicant will make sincere efforts to complete the necessary repairs and renovations and will hand over the vacant possession of the residential bungalow at 6, Bailey Road in his occupation latest by 30th April 2013.

Summary

Issues involved:
Extension of time for completion of repairs and renovations in the residential bungalow.

Analysis:
The judgment pertains to an application for extension of time made by the Chief Commissioner of Income Tax, Patna, regarding the completion of repairs and renovations in a residential bungalow. The bungalow at 6, Bailey Road, occupied by the Chief Commissioner, is needed by the State Government for the construction of a museum. After negotiations, the Chief Commissioner agreed to vacate the bungalow and move to a new one at 5-M Strand Road, Patna. The State Government was directed to hand over the vacant possession of the new bungalow and release funds for repairs, which were done as per the court's order. However, the Chief Commissioner requested an extension until 15th May 2013 to complete the repairs, citing delays in starting the renovation work.

The Court observed that while the State Government promptly complied with the directions by releasing funds and handing over the new bungalow, the Chief Commissioner delayed the repairs and renovations. The delay was noted to have wasted valuable time, with work commencing only after mid-February 2013. The State Government highlighted the significant financial implications of delays, estimating a loss of five crores per month due to construction cost escalation. The Court emphasized that the Chief Commissioner should have adhered to the agreed time frame and expressed confidence that the State Government would not force eviction but urged the Chief Commissioner to complete the necessary work promptly.

Consequently, the Court directed the Chief Commissioner to make sincere efforts to finish the repairs and renovations and vacate the bungalow at 6, Bailey Road by 30th April 2013. The judgment underscores the importance of timely completion of the work to avoid financial losses and ensure the smooth progress of the State Government's construction project.