( 1 ) KUNWAR Pal Singh Rathi claiming himself to be a media person has brought, in Public Interest, the petition under Art. 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 Controller 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 Honble Supreme Court in the case of Vineet Narain v. Union of India (1998) 1 SCC 226 and in the case of Union of India v. S. K. Modi (1997) 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 counsels to the petitioner. The abovementioned 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 (1997) 4 SCC 770 and Vineet Narain v. Union of India (1998) 1 SCC 226.

( 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 philosopy 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 at 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. 15/08/1995. The State Government decided to engage an architect/ designer of national/international repute to develop a concept of the project and to prepare detailed desings, etc. , for the project. On the basis of concept plan presented to the then Chief Minister in 1995, Sri Satish Gujaral, a renowed 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 Presidents Rule was imposed in October, 1995. The project virtually remained standstill and it gained momentum only when Ms. Mayawati again became Chief Minister on 23/03/1997. She gave instructions for raking up the project on top priority basis with a view to complete it expenditiously; to ensure tying up of various requisite inputs for proceeding with the project on a war footing, she immediately within two days of the assumption of office covnened 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 Secretarie