ORAL JUDGMENT

(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)

1. This writ petition is filed by the petitioners by way of Public Interest Litigation with the main prayers, which read as under:

“12. In the premises aforesaid and considering what is stated above, the petitioner, most humbly and respectfully prays that this Honourable Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, direction or Order:

A. Directing the respondent nos.1 and 2 to forthwith take steps to inquire, examine as well as physical inspection with respect to approved work as per the allocated grant under the head of SCP and for that whether the Junagadh municipal Corporation has utilized in accordance with the policy and guidelines of the respondent no.1 & 2 and produce a report before this Honourable Court after making an inquiry;

B. Directing the respondent no.1 and 2 to take action against the respondent No.3 i.e.

Municipal Commissioner and quash and set aside the order dated 11.08.2015 for the implementation of the resolution No.74 dated 07.07.2015 passed by respondent No.4; alternatively be pleased to direct the respondent no.3 & 4 to modify their resolution and order dated 07.07.2015 and 11.08.2015 respectively by the fresh resolution to utilize the SCP grant of the year 2015-16 for the purpose it was allocated to respondent no.3;”

2. The case of the petitioners is as under:

2.1 The petitioners claimed to be residents of different wards and localities of Junagadh Municipal Corporation. Primarily, it is their grievance that, the funds, which are earmarked for Scheduled Caste Sub Plan, which was introduced in the year 1979 with the basic objective to channelize the flow of outlays and benefits from the general sectors in the plan of States for the welfare and development of Scheduled Caste in proportion to their population, are not utilized and implemented by the 3rd respondent Junagadh Municipal Corporation. 2.2 For the purpose of improvement of physical and social infrastructure facilities of the people belonging to Scheduled Caste residing in the localities of Junagadh Municipal Corporation localities, special scheme was sanctioned by the Government of Gujarat and special grant/fund was allocated for its implementation. Special Component Plan known as Scheduled Caste Sub Plan(SCSP) was introduced in 1979 with detailed guidelines for implementation and monitoring of the said scheme. To achieve the object for the urban renewal programme, with a focus on common man and urban poor and aiming at providing social infrastructure through civic facilities, the respondent No.1-Urban Development and Urban Housing Department introduced the scheme named as “Swarnim Jayanti Mukhya Mantri Sahakari Vikas Yojana” in 2009-2010. Thereafter, the respondent No.1 passed a resolution dated 9.4.2015, allocating a grant of Rs.3857.2321 crores for implementation of the said scheme. As per the said resolution, out of the said grant, an amount of Rs.54.00 crores was allocated to the 3rd respondent-Junagadh Municipal Corporation for the year 2015-16 for the improvement and development of its infrastructure facilities. It was also stated that, the grant-in-aid will be given to the concerned Municipal Corporation through Gujarat Municipal Finance Board and Gujarat Urban Development Mission. It was also stated in the said resolution that, as the distribution of the amount of Scheduled Caste Sub Plan(SCSP) and Tribal Area Special Project (TASP) grant-in-aid is made in proportion to the population of SCSP area/ward in the Municipal Corporation, the work has to be undertaken accordingly.

2.3 It is stated that, the respondent No.2- the Gujarat Finance Municipal Board, which is constituted under the provisions of Gujarat Municipal Finance Board Act, 1979, in exercise of power conferred under section 14(a)(ii) and in consonance with resolution dated 9.4.2015 passed by the respondent No.1, issued office order dated 22.4.2015, allocati