Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 57254 of 2008 Petitioner :- Faheem Shahnawaz Respondent :- State Of U.P. And Others Petitioner Counsel :- Vinod Sinha,Mahesh Sharma Respondent Counsel :- C.S.C. Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Pankaj Mithal,J.
This writ application has been filed for quashing the Government
Order dated 19th of May, 2007 (Annexure – 4) whereby a decision
has been taken to cancel all those schemes which were sanctioned
by the previous Government between the period 28.8.2003 and
11.5.2007. Further prayer made by the petitioner is to quash the
Government Order dated 10.10.2008 addressed to the District
Magistrate, Jyotibaphule Nagar to refund the amount which has
not been spent and released from the revolving fund.
The facts lie in a narrow campus: The State Government by its
order dated 14.2.2005 sanctioned a scheme for drainage of water
from Amroha city at the cost of Rs.368 lacs. Uttar Pradesh Jal
Nigam was appointed as an agent for executing the aforesaid
scheme. Under the scheme 3600 meters of Nala was required to be
constructed. Out of that 1500 meters has been constructed in which
a sum of Rs.177.86 lacs have already been spent.
In view of the orders impugned in this writ application, the scheme
is not being further executed and accordingly prayer has been
made for quashing of the aforesaid orders.
Mr. Vinod Sinha appearing on behalf of petitioner submits that
after huge amount has already been spent in execution of the
scheme, its stoppage in midway is not in public interest. He points
out that the huge amount of Rs.177.86 lacs, which has already
been spent shall go waste.
Mr. M.S. Pipersena, Standing Counsel appearing on behalf of
respondents no.1 and 2 refers to the counter affidavit and submits
that in view of the decision taken by the State Government,
various schemes were cancelled and that being beyond the scope
of judicial review, the writ application deserves to be dismissed on
this ground alone.
Having appreciated the rival submissions, we find substance in
submissions of Mr. Sihna. Undisputedly, scheme was sanctioned
for a sum of Rs.368 lacs. Scheme provides for construction of
3600 meters of Nala. Out of aforesaid, 1500 meters of Nala has
already been constructed and a sum of Rs.177.86 lacs already
spent. No specific reason for the cancellation of the scheme has
been assigned. It is not the case of respondent that the scheme is
defective and shall serve no purpose.
We are of the opinion that a scheme which is for the welfare of the
public at large and a part of it has been executed and huge amount
spent its abandonment lateron shall not be in public interest. In
fact, the huge amount already spent on such scheme shall go waste
and it is expected of the State Government to make endeavour to
save such wastage.
In view of what we have said above, we deem it expedient that the
Special Secretary to the Government of Uttar Pradesh in the
department of Local Self Government considers the case in the
light of observation aforesaid and releases balance funds for
completion of the scheme.
We direct accordingly.
Aforesaid exercise shall be done within three months from the date
of receipt/production of a copy of this order.
Although petitioner is not entitled for the relief in the terms sought
for but his case requires to be considered in the light of the
observations made above.
The writ application stands allowed in the aforesaid terms.
Order Date :- 6.1.2010
BK
(Pankaj Mithal, J.) (C.K.Prasad, C.J.)