High Court
Case Details
WP (C) NOs.10326 & 10329 OF 2013 05 10.09.2013 Heard learned counsel for the parties. These two writ petitions have been filed by the Sarpanchs of different Grama Panchayats under the Astaranga and Kakatpur Blocks respectively, challenging the order of the Collector-cum-Chairman, District Level Committee, GGY Scheme, Puri, communicated vide letter of the Project Director, DRDA, Puri, dated 20.04.2013 (Annexure-4) approving the projects to be undertaken under Gopabandhu Gramin Yojana for the year 2013-14, which had not been selected and recommended by the concerned Grama Sabhas nor forwarded by the Block Development Officer (for short ‘B.D.O’) of the concerned Blocks. The brief facts of the case, as detailed in both the writ petitions, are that the Government in the Planning & Co-ordination Department, published Resolution dated 28.09.2006 (Annexure-1), formulating guidelines for implementation of Gopabandhu Gramin Yojana (for short ‘GGY’), with a view to provide additional developmental assistance to the targeted 11 districts, which are not covered under the Backward Regions Grant Fund (‘BRGF’ for short). The object of the said GGY Scheme was to provide additional development funds to the targeted districts to provide infrastructure consisting primarily of Bijli, Sadak and Pani (i.e. electrification, roads and water supply) to every revenue village in the identified 11 districts. The said Resolution (Annexure-1) provided the mechanism for implementation of the GGY Scheme and 2 clause 5.3 thereof provided that the Gram Sabha of the identified village shall select the projects to be undertaken within the village and clause 5.4 provided that the proposals approved by the Gram Sabha shall be compiled by the Block and put up to the District Level Committee for approval of the project lists. The said District Level Committee shall be headed by the Collector and will consist of all the M.P., MLAs and Chairperson, Zilla Parishad of the district. Clause 5.5. of the said Resolution provides that after projects are sanctioned, estimate shall be prepared by the concerned B.D.O. for those projects which can be accommodated within the financial allocations for a particular year and the said process may be repeated every year. It is the case of the petitioners that in terms of the said Resolution under Annexure-1, the concerned B.D.O.- opposite party no.4 asked the petitioners to convene Gram Sabha to select the projects. Accordingly the petitioners convened the Gram Sabha and selected the projects and sent the same to the concerned B.D.Os., who vide their letter dated 30.03.2013 and 09.04.2012, submitted the Annual Action Plan under GGY Scheme for the year 2013- 14 to the Project Director, DRDA, Puri. In the District Level Committee meeting held on 20.04.2013, on the intervention and instruction of the local M.L.A. and for his own vested political interest, the concerned B.D.Os. were asked to prepare a separate project lists and to submit a fresh proposal. On receipt of such fresh project lists from the concerned B.D.Os., the 3 same was approved by the Collector in the meeting of the District Level Committee purported to have been held on 20.4.2013. It is the case of the petitioner that approval of the projects under the GGY Scheme for the year 2013-14, as has been communicated by the Project Director, DRDA, Puri, to the concerned B.D.Os, vide letter dated 20.4.2013 (Annexure-4) has not been selected and/or approved by the Gram Sabha of the concerned Blocks and the said project list has been prepared as per the recommendation and/or instruction of the local M.L.A., which is not permissible in law. In this regard, reference has been made to the Resolution of the State Government in the Panchayati Raj Department dated 21.1.2013 (Annexure-6), wherein it has been categorically provided that under no circumstances action plan for the year 2013-14 GGY/BRGF, NREGS and CC Roads will consist of projects outside the Gram Sabha Sashaktikaran Karyakram (GSSK) 2012-13 list of projects. The said Resolution further provided that under certain unavoidable circumstances, if projects outside GSSK-2012 list have to be taken up, prior approval of Panchayati Raj Department is necessary. The grievance of the petitioners is that the Collector, Puri, has approved the project, prepared by the concerned B.D.Os on the recommendation and/or instruction of the local MLA, which is not in conformity of the projects approved by the respective Gram Sabhas and prior approval of the Panchayati Raj Department having not been obtained, the same is contrary to the Resolutions of 4 the State Government under Annexures-1 and 6. Accordingly, it is submitted that the action of the Collector, Puri, in approving the projects suggested and/or recommended by the local MLA is wholly improper, illegal and contrary to the Resolutions of the State Government under Annexures-1 and 6. In the counter affidavit filed by the opposite party nos.3, 4 and 5, it is admitted that as per the guidelines issued by the Panchayati Raj Department from time to time, the Annual Action Plan 2013-14 is to be based on the recommendation made by the Gram Sabha conducted by the different Gram Panchayats. The action of the GGY Scheme of Astaranga and Kakatpur Blocks for the year 2013-14 were prepared by the concerned B.D.Os in consultation with the MP/MLA(Rep.) all PRI members, J.E., GPT and with the assistance of the Asst. Engineer. The GGY action plan was based upon unique identification numbers as per the resolution of the concerned Gram Sabhas and it was forwarded to the Project Director, DRDA, Puri, vide letter dated 30.03.2012 and 09.04.2013 respectively, being signed by the Chairman, Panchayat Samiti of the respective Blocks. It is further admitted that the District Level Committee meeting was held on 10.04.2013 and the MLA, Kakatpur, strongly demanded for inclusion of some project proposals beyond the GSSK list and impressed upon the district administration and influenced upon other political members of the Committee for giving direction to the B.D.O. for making a fresh proposal, as desired by the local 5 MLA. It is further stated in the said counter affidavit that it was decided in the District Level Committee meeting that on the next date, i.e. 11.04.2013, the B.D.O. along with the Assistant Engineer will sit with the local MLA in the official chamber of the Project Director, DRDA, Puri and prepare a fresh action plan under GGY Scheme 2013-14. The District Administration along with the B.D.O. could not convince the local M.L.A. of Kakatpur that the GGY Action Plan should be based upon Gram Sabha and must be in convergence with the different development programmes of the Panchayat Samiti. However, the local M.L.A. pressed hard that the projects should be prepared as per his choice since he is the local leader and his wishes must be reflected in the GGY Action Plan. It is also admitted in the counter affidavit that under such forcible circumstances, the authorities, i.e. opposite party nos.3 to 5 were bound to adhere to the decision made in the District Level Committee meeting on 10.04.2013 and accordingly, the B.D.O. along with the Assistant Engineer met the local M.L.A. in the official chamber of the Project Director, DRDA, Puri on 11.04.2013 and a fresh project list was prepared as desired by the local M.L.A. and it was signed by the concerned B.D.O., Assistant Engineer and the local M.L.A. Copy of the said fresh Project list was submitted in the office of the Project Director, DRDA, Puri and it was filed along with the earlier project proposals duly sent by the Panchayat Samiti of Astaranga and Kakatpur Blocks for consideration. It is further stated in the said counter affidavit that the 6 concerned B.D.O. found that the date portion of the signatures has been super-imposed. The relevant paragraph of the counter affidavit is extracted below: “On dated 11.04.2013, B.D.O. along with Asst. Engineer sat with Hon’ble M.L.A. in the official chamber of P.D., D.R.D.A., Puri. A fresh list was prepared as desired by the Hon’ble M.L.A. and it was signed by B.D.O., Asst. Engineer and the Hon’ble M.L.A. by putting dated, i.e. 11.4.2013 and a Xerox copy of the same was brought to the Block Office for Official record and the Original one was kept in D.R.D.A. Office, Puri along with the earlier proposal duly sent by Panchayat Samiti, Astaranga on dated 30.3.2013 for consideration during approval. To my utter surprise it is found that the proposal was signed by B.D.O., Asst. Engineer and Hon’ble M.L.A. on dated 11.4.2013 has been superimposed on the date portion of the signatures.” It is further admitted in the said counter affidavit that initially the B.D.Os of Astaranga and Kakatpur Blocks had sent a list of 68 and 76 projects respectively which were duly selected by the respective Gram Sabhas having unique identification number and in due consultation with the P.R.I. members, M.P./M.L.A (Rep.) and other members and some portion of the said lists have been changed by the local M.L.A. of Kakatpur on 11.4.2013 in the office of the Project Director, D.R.D.A., Puri. It is accordingly submitted by the learned counsel for the State that the project lists prepared by the Gram Sabhas have been changed/altered by the local M.L.A. and under political pressure, the same has been approved by 7 the Collector. From the Resolution dated 28.09.2006 (Annexure- 1), it is abundantly clear that it is the Gram Sabha of the identified village, which shall select the projects to be undertaken within the village and the proposals approved by the Gram Sabha shall be compiled by the Block and put up to the District Level Committee for approval of the project lists. Further the Resolution dated 21.01.2013 (Annexure-6) clearly provides that under no circumstances Action Plan 2013-14 for GGY Scheme will consists of projects outside the Gram Sabha Sashaktikaran Karyakram (GSSK)-2012-13 lists of projects and if under certain unavoidable circumstances, projects outside GSSK-2012 lists have to be taken up, prior approval of Panchayati Raj Department is necessary. In the instant case, admittedly, the project lists prepared by the respective Gram Sabhas had been compiled and sent by the B.D.Os of Astarang and Kakatpur, for being placed in the District Level Committee meeting, which was scheduled to be held on 10.04.2013. From the counter affidavit of opposite party nos.3 to 5, it reveals that at the instance of the local M.L.A., the said list prepared and approved by the concerned Gram Sabhas has been changed and/or modified and under political pressure, a fresh project list was prepared by the concerned B.D.Os, which did not have the approval of the concerned Gram Sabhas, or the prior approval of the Panchayati Raj Department. In spite of such serious irregularities, the new revised project list has been approved by the Collector, 8 Puri, as communicated by the Project Director, DRDA, Puri, vide his letter dated 20.04.2013. This is not only improper but highly illegal, especially when the Resolution of the State Government specifically provides that the Gram Sabha of the identified village shall select the projects to be undertaken under GGY Scheme and only the proposals approved by the Gram Sabha shall be recommended by the concerned B.D.O. It is not understood as to how the opposite party nos.3 to 5, who are responsible public servants, became mute spectators to such high handed actions of the local M.L.A. and agreed to prepare a fresh project list as per his directions and approve the same, in gross disregard of the guidelines prescribed in the Resolution of the State Government. This action of the opposite party nos.3 to 5 amounts to abdication of their official duty and responsibility. It is also very alarming that the MLA, Kakatpour, who is the elected representative of the people and is expected to uphold the rule of law, has acted in such an irresponsible manner, in gross disregard of the Resolutions of the State Government and the interest of the general public. In view of the above, the impugned new revised project list approved by the Collector, Puri, as communicated to the respective B.D.Os by the Project Director, DRDA, Puri, vide his letter dated 20.04.2013 under Annexure-4 are hereby quashed. The opposite parties are directed to implement the 9 project lists selected by the Gram Sabhas and compiled by the B.D.Os of Astaranga and Kakatpur Blocks strictly in terms of the Resolutions of the State Government.
Decision
Both the writ petitions are accordingly allowed. Issue urgent certified copy as per rules. (S.C.PARIJA, J.)