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HIGH COURT OF ALLAHABAD
Ashok Bhushan, Arun Tandon
VIDYADEVI
Versus
STATE OF U P
Decided On : 26 February 2009
Civil Misc. Writ Petition Nos. 1509, 485, 927, 1110, 1801, 1890, 2140, 2464, 3132, 5215, 6633, 6812 of 2009 and 66758 of 2008
Gram Panchayats - Construction of C. C. Roads and K. C. Drains - Article 243-G, 11th Schedule, U. P. Panchayat Raj Act - 15, 17
Fact of the Case:
The petitioners, elected Pradhans of Gram Panchayats, challenged a Government Order dated 18th July, 2008, which excluded Gram Panchayats from the construction of Cement Concrete Roads and K. C. Drains. They contended that the exclusion violated Article 243-G of the Constitution and Sections 15 and 17 of the U. P. Panchayat Raj Act, 1947.
Finding of the Court:
The court found that the State Government had the authority to exclude Gram Panchayats from the execution of the scheme, as the power to impose conditions included the power to completely exclude Gram Panchayats from the execution of the scheme. The court dismissed the writ petitions, stating that the Government Order did not infringe any Constitutional or Statutory provisions.
Issues: The issues involved the exclusion of Gram Panchayats from the construction of C. C. Roads and K. C. Drains, and the alleged violation of Article 243-G and Sections 15 and 17 of the U. P. Panchayat Raj Act, 1947.
Ratio Decidendi: The court held that the State Government had the authority to exclude Gram Panchayats from the execution of the scheme, as the power to impose conditions included the power to completely exclude Gram Panchayats from the execution of the scheme.
Final Decision: The court dismissed the writ petitions, stating that the Government Order did not infringe any Constitutional or Statutory provisions.
1. Heard Sri J. P. Singh, Sri D. K. S. Rathor, Sri Manish and Sri Ashwani Kumar Srivastava, Sri Ravesh Kumar Singh, Sri Vidya Kant Shukla, Sri S. K. Yadav and Sri Atul Tej Kushwaha, Ram Chandra Yadav, Sri Ateeq Uddin and Sri M. A. Abbasi, Sri S. D. Yadav, Sri Ashwani Kumar Mishra, Sri Satyavir Singh, and Sri R. P. Ranjan and Sri J. J. Munir, learned counsels for the petitioners, Sri M. C. Chaturvedi, Chief Standing Counsel assisted by Sri Suresh Singh, learned Standing Counsel for the State-Respondents.
2. This bunch of writ petitions have been filed by elected Pradhans of various Gram Panchayats/sabhas of various districts of the State of Uttar Pradesh.
3. The basic facts and the legal aspects raised are identical in all these writ petitions, accordingly, they are being decided by this common judgement. The facts on record of Civil Misc. Writ Petition No. 1509 of 2009 are being stated for the purposes of present judgement treating the same to be the leading case.
4. Petitioners before this Court challenge the Government Order dated 18th July, 2008, copy whereof has been enclosed along with writ petition. The facts leading to the issuance of the same are as under:
5. The Principal Secretary, U. P. Government Lucknow forwarded a letter dated 27th May, 2008 addressed to all the District Magistrates of various districts of the State of Uttar Pradesh, stating that under the Government Order dated 18th January, 2008, a decision has been taken by the State Government for replacement of Khadanja roads by cement concrete roads along with K. C. Drains, inasmuch as maintenance and repairing of Khadanja roads and Nalis requires expenditure year after year, which runs into crores of rupees. The construction of cement concrete roads from wall to wall would help in effective cleaning of the roads as well as of the Nalis. For the purpose, it has been clarified that on Khadanja roads within habitat area of Gram Panchayats, except those which are within the category of Sampark Marg and roads on which normally heavy commercial vehicles are not run, Cement Concrete Roads and K. C. Drains shall be constructed. At the first instance, such constructions will take place in villages selected under the Dr. Ambedkar Samagra Gramin Vikash Yojana. Detail guidelines for carrying out the aforesaid construction work have been provided for. The Government Order provides that the total number of villages selected under Dr. Ambedkar village Panchayats is 3738 for the year 2008-09. For construction of Cement Concrete Roads and K. C. Drains, an allocation of 1000 crores of rupees has been made.
6. Clause-2 of the said Government Order provided that in accordance with directions contained in Clause-5, proposals from Gram Panchayat concerned be obtained in respect of the work to be carried out and be forwarded to the District Magistrate through the District Panchayat Raj Officer. The Government Order clarifies that construction of C. C. Roads and K. C. Drains will be executed through competent agencies, including outside construction agencies including those of Union of India.
7. A subsequent Government Order was issued on 23rd June, 2008, which provided for the design as well as expected cost of construction of C. C. Roads and K. C. Drains on per square metre basis with a condition that the nature of construction and cost would be verified by the Panchayat Raj Department. 8. Since Gram panchayats were involved in submission of proposals as per clause-5 of the said Government Order, for construction of the C. C. Roads and K. C. Drains, they were satisfied with the Government Order so enforced.
9. However, before the aforesaid two Government Orders could be given effect to the State Government came out with another Government Order dated 18th July, 2008. By means of the said Government Order the District Magistrates through out the State of Uttar Pradesh were informed that C. C. Roads and K. C. Drains shall now be constructed by the Public Works Depa
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