IMPORTANT POINT
Public authorities must exercise discretion in a fair, objective, and non-discriminatory manner when allocating funds, but the court found no violation of this principle in the case at hand.

JUDGMENT/ORDER

SUNIL B.SHUKRE, J. - Heard.

2. RULE. Rule is made returnable forthwith, by consent of learned counsel for the respective parties.

3. The Petitioner is a Member of Legislative Assembly (hereinafter referred to as the "MLA"). He states that he belongs to a party i.e. Shiv Sena (UBT), a Political Party in the State Legislature and represents Jogeshwari (E) Legislative Assembly Constituency No.158. He was so elected in the elections held in the year 2019. His grievance is about the discriminatory attitude adopted by the State of Maharashtra in allocation of Government funds to different constituencies for development of infrastructure and basic civic amenities in the Slums situated in those constituencies.

4. The Petitioner submits that there is a fund called Maharashtra Local Development Fund the objective of which is to ensure development of infrastructural facilities in local areas. He submits that funds are made available to the members of Legislative Assembly in the State of Maharashtra from Maharashtra Local Development Funds and the funds are allocated equally to every elected representative, who is a Member of Legislative Assembly or State Legislative Council (hereinafter referred to as the "MLC"). The Petitioner further submits that the Respondents allocated Rs.11,420.44 Lakhs under Slum- dwellers Re-allocation and Rehabilitation Plan 2022-23 in various Constituencies of MLA and MLC. He further submits that a sum of Rs.26,687.2 Lakhs was allocated under the head of "Development of Slums in Other than Backward Class". He submits that the funds allocated under the head of Development of Slums for developmental works in the slums situated in constituencies represented by Bhartiya Janta Party is much more than the funds allocated for such developmental works in the constituencies represented by the Petitioner.

5. The Petitioner submits that in his constituency, there are number of slums which are in need of civic amenities, but he and other members of opposite party have been denied these funds and thus there is arbitrariness and discrimination, not based on any intelligible differentia.

6. The Petitioner, therefore, seeks a direction to the State Government for allocation of fund in equal proportion for carrying out Slum-dwellers Re-allocation and Re-habilitation Plan 2022-23 and for providing basic infrastructure facilities with a view to develop slums in other than backward class areas.

7. The petition is opposed by the State Government. It is the stand of the Government that the scheme of development of infrastructural facilities in areas of Corporation under which the funds have been allocated is a State level scheme and it is implemented under the overall control of Respondent No.2 i.e. The Additional Chief Secretary, Urban Development Department, Mantralaya, Mumbai as per the guidelines and financial framework outlined in the Government Resolution dtd. 12/9/2017, as modified by the Government Resolution dtd. 30/9/2020. It is stated that under this scheme, the State Government distributes aid/subsidy for the development of basic amenities by the Municipal Corporations in the State every financial year and all existing Municipal Corporations in the State are eligible for such grants/subsidy under the scheme. It is further submitted that the contribution of the State Government differs depending on the category of the Municipal Corporation. It is also stated that while distributing funds under the scheme, due consideration is accorded to various public representatives and local bodies and keeping in view the criteria specified in the Government Resolutions dtd. 12/9/2017 and 30/9/2020 and other factors, the allocation of funds is made.

8. It is further stated on behalf of the State Government that in- principle sanction is accorded by the State Government keeping in view the above referred factors and then, the matter is placed before a specially constituted Committee existing at the District level in this behalf,