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2021 Supreme(Online)(KER) 7364
HIGH COURT OF KERALA
N. NAGARESH, J
K.S.SHIJU – Appellant
Versus
CHENKAL GRAMA PANCHAYAT – Respondent
WP(C)/19973/2020
B.S.SWATHI KUMAR, ANITHA RAVINDRAN, SRI.HARISANKAR N UNNI, SMT.P.S.BHAGYA SURABHI, SHRI.SARANGADHARAN P., SRI.R.T.PRADEEP, SRI.S.MOHAMMED AL RAFI, SMT.M.BINDUDAS, SRI.K.C.HARISH, GOVT. PLEADER, SRI. MANU RAJ
The Grama Panchayat has the authority to determine project implementations under MGNREGS, with higher priority given to preserving public welfare over individual interests.
Headnote:
Construction - Public Benefit - Mahatma Gandhi National Rural Employment Guarantee Act, 2005 - Sections 16, 19 - The court emphasized the Grama Panchayat's authority in deciding project execution under MGNREGS and mandated the intervention of the District Collector to ensure public interests were prioritized over individual benefits.
Fact of the Case:
The petitioner challenged the construction of a bridge under the MGNREGS, alleging it primarily benefited a single individual and reduced the width of a public canal essential for irrigation, having led to multiple stop memos against the project.
Finding of the Court:
The court found that ongoing irregularities in executing the project undermined public interest, and the Grama Panchayat's concerns regarding individual gain versus community benefit were substantive enough to warrant further evaluation by the District Collector.
Issues: The key issues were whether the bridge's construction served the public's interest or benefited a specific individual, and if it reduced the canal's width in violation of public interest principles.
Ratio Decidendi: The court held that it was necessary for the District Collector to intervene and assess the public benefit of the project due to conflicting decisions from the Grama Panchayat and allegations of misconduct.
Final Decision: The court directed the District Collector to decide on the project's continuation within two weeks.
JUDGMENT
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Dated this the 6th day of August, 2021
[W.P.(C) Nos.19973/2020, 13949/2021 & 14390/2021]
All the three writ petitions have been filed by the same petitioner, related to same set of facts and cause of action and hence are heard together and being disposed of by a common judgment.
2. The petitioner is a resident of Chenkal Grama Panchayat in Thiruvananthapuram District. The petitioner is aggrieved by the construction of a new bridge and approach road under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), which construction, according to the petitioner, is beneficial only to one influential individual and is being carried out reducing the width of an existing public canal.
3. In W.P.(C) No.19973/2020, the petitioner seeks to direct the respondents to comply with Ext.P7 communication of the Block Programme Officer directing the Panchayat to stop the work. In W.P.(C) No.13949/2021, the petitioner seeks to declare that Ext.P9 communication of the Joint Programme Co-ordinator directing to resume the said work, as illegal. In W.P.(C) No.14390/2021, the petitioner prays for a declaration that respondents 2 to 7 are legally bound to implement Ext.P11 decision of the 1st respondent–Grama Panchayat and stop the work forthwith.
4. The respondents and exhibits marked in these writ petitions are referred to as they are arrayed/marked in W.P. (C) No.14390/2021.
5. In brief, the case of the petitioner is that he is a resident of 1st respondent–Chenkal Grama Panchayat and that the 5th respondent, who is a Panchayat Contractor, has property near the petitioner’s house. Their properties are near Vandichira Canal. A bund of the said Vandichira Canal has now developed as a pathway. The Canal originally had a width of 18 metres and due to encroachments from time to time, the width available now is hardly 7 metres. There is a concrete bridge across the Canal through which two-wheelers and three-wheelers ply. The canal is the source of irrigation water.
6. In the year 2016, the 5th respondent started to encroach upon the Canal making constructions by filling up the sides of the Canal. The petitioner filed O.S. No.730/2019 and the Munsiff Court, Neyyattinkara passed Ext.P2 injunction order restraining the 5th respondent from trespassing into Plaint A Schedule property. Later, the 5th respondent prevailed upon the 1st respondent and managed to get the work of construction of retaining walls on the side of the Canal and construction of a bridge, in the MGNREG Scheme. He obtained the contract for supply of materials for the said work. In the pretext of construction of retaining wall, the 5th respondent is encroaching the Canal reducing its width, for widening the pathway.
7. The petitioner preferred complaints. The 2nd respondent-Joint Programme Co-ordinator and the 3rd respondent-Block Programme Officer made enquiries and found that the entire work is illegal and issued Ext.P6 Stop Memo. The 3rd respondent-Block Programme Officer issued Ext.P7 Stop Memo. However, the 5th respondent, with the active connivance of the 7th respondent-Secretary to Panchayat, proceeded with the work. The petitioner thereupon filed W.P.(C) No.19973/2020. This Court passed Ext.P8 interim order directing the Panchayat to give effect to Ext.P7 Stop Memo. The 2nd respondent-Joint Programme Co-ordinator, however, issued Ext.P9 communication to the 3rd respondent-Block Programme Officer directing resumption of the work. The petitioner thereupon filed W.P.(C) No.13949/2021. This Court passed Ext.P10 interim order restraining the respondents from reducing the width of the Canal.
8. The petitioner contends that the work of construction of approach road and bridge of Kavukulam- Puthukulam Road along the Vandichira Canal is found to be illegal and cancelled by the Panchayat as per Ext.P12 resolution. Hence, the respondents are bound to stop the said work. The construction is to benefit only the 5th respondent and reducing the width of the Canal by
