The court upheld that the State's execution and management of the 'Ama Odisha Nabin Odisha' scheme do not infringe upon the principles of local self-governance, as the provisions of the Odisha Gram Panchayat Act and Article 243-G of the Constitution are enabling, granting discretionary power to the State.

JUDGMENT :

B.P. ROUTRAY, J.

1. Several Petitioners have joined together in the present batch of writ petitions seeking direction that the projects under the intervention “Ama Odisha Nabin Odisha” should be selected and executed by the local elected body of the Gram Panchayat. All the writ petitions having common prayer are heard together and disposed of by this common judgment.

2. The Petitioners are mostly the Sarapanch/Ward Members of different Gram Panchayats in the State of Odisha.

3. The intervention (Scheme) “Ama Odisha Nabin Odisha” has been introduced vide Resolution No.14574/PR&DW dated 11.07.2023 by Government of Odisha aiming implementation of various social, cultural and developmental projects in the Gram Panchayats by augmenting rural infrastructure in order to achieve accelerated growth as well as to preserve the rich cultural heritage of Odisha. The intervention aims at creation of amenities for protection and preservation of Jagannath culture and places of worship. The Scheme further aims at empowering the villagers with internet facilities, sports infrastructure, smart schools, training hubs for SHG and youth, banking and digital connectivity. The basic features of the Scheme includes taking up construction of new projects which are contribute to the overall development of the community and well-being of the general public for which funds are not available otherwise. The admissibility, selection of projects, approving authority, sanction and release of funds, executing agency and transparency in the Scheme are as follows:

“Admissibility:-

 The project should be of developmental nature.

 It does not invite recurring expenditure.

 It creates useful community assets for benefit of the community at large.

 It preserves and renovates ancient monuments and other infrastructure belonging to the community.

Selection of Projects:-

 The projects under the intervention can be suggested/recommended by local people/community organizations/public representatives and other stake holders.

 The project list (G.P. wise) of the Block are to be consolidated at district level and submitted to PR & DW Department with signatures of Collector and President, Zilla Parishad of the district for due examination and approval of Government.

 The approved projects may be presented in the Panchayat Samiti meeting by the BDO for information of the members.

Approving Authority:-

 The projects shall be approved by the Government.

 Administrative approval and technical sanction shall be accorded as per Panchayat Samiti Accounting Procedure Rules, 2002 and subsequent amendment made therein from time to time.

Sanction and Release of Funds:-

 Funds will be released from PR & DW Department to the PL Accounts of the CDO-cum-EO, Zilla Parishad out of which, the CDO-cum-EO, Zilla Parishad shall draw the funds in Grants-in-Aid bill and release the funds to the Blocks in two instalments i.e.52% and 48% calculating the project cost sanctioned to the Block under the intervention.

Executing Agency:-

 The Panchayat Samiti shall execute the work departmentally following due procedure.

 The Collectors are also authorised to select any other executing agency/agencies for departmental execution of works under the intervention “Ama Odisha Nabin Odisha”

 No pro rata charges are applicable in case of departmental execution