3 Dec 2022 6:44 AM GMT
The Bombay High Court recently stayed orders issued by the CM Eknath Shinde led Maharashtra Government suspending the rural development project initiated by the previous Maha Vikas Aghadi (MVA) government at Belewadi Village, till December 12. A division bench of Justices Ramesh D Dhanuka and S G Dige passed the order in a petition filed by the Village Panchayat. Prima facie the...
The Bombay High Court recently stayed orders issued by the CM Eknath Shinde led Maharashtra Government suspending the rural development project initiated by the previous Maha Vikas Aghadi (MVA) government at Belewadi Village, till December 12.
A division bench of Justices Ramesh D Dhanuka and S G Dige passed the order in a petition filed by the Village Panchayat.
Prima facie the court observed that the State government, having already issued the work order and allocated the budget for village development cannot suspend the work which would result in lapse of budget allocated for the project, without any basis. It therefore granted the petitioners ad-interim relief till the next date in terms of prayer clause 'c,' which was to stay the implementation and operation of the orders.
The petitioners informed that on 31st March 2022, the development work of construction of gutters in the petitioners Village Panchayat was already sanctioned by the State Government. Work order was issued on 14th July 2022.
However, orders suspending development work was issued on 19th July 2022 and 25th July 2022 by the State Government's Rural development department, without recording any reasons as to why the budget which was already sanctioned and has been already incorporated in the Finance Act has been suspended by an executive order.
Advocate SS Patwardhan instructed by Advocate Mirnal Shelar informed the court that according to the GR issued, the said work has to be completed before 31st March 2023 and if the work is not carried out, the budget already earmarked and forming part of the Finance Act would lapse by 31st March 2023.
It was pointed out that there were other petitions raising the same grievance. The AGP sought time to respond.
"In our prima facie view, the State Government already having issued orders after having approved the budget for the said work awarded to the Respondent No.3 to be carried out in the Village of the petitioner panchayat, cannot suspend such work which would result in lapse of the budget already earmarked for the said work and that also without any basis," Court said.
CM Eknath Shinde was a part of the previous MVA government as Urban Development Minister. However, he reformed the government along with the BJP, breaking away from the alliance with NCP and Congress.
The development activities which were stayed include those regarding "basic facilities within villages in rural areas as suggested by people's representatives", special program on development of travel destinations, Development of pilgrimage areas in rural areas in the range of Rs.2.00 Crore to Rs.25.00 Crore, Konkan Tourism Development Program, Sant Sewalal Maharaj Tirth Kshetra Development Scheme, Subsidy to Zilla Parishads/ District Level Panchayats for erecting Monuments of Noble Persons.
Case Title: Belewadi Village Panchayat. Versus State of Maharashtra and Ors.
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