Dismissed

Salim Uddin Laskar and Anr. v. the State of Assam and 7 Ors.

Gauhati HC6 Jan 2022WP(C)/5069/2021

Case brief

AI extract

What is this about?

This writ petition challenged the Deputy Commissioner's order sanctioning project execution by a Department officer under the Axom Adarxo Gram Yojana. The Court held the Department officer was validly authorized under the scheme clauses and that the Village Level Committee held supervisory and custodial powers sufficient to prevent misuse, dismissing the petition but directing constitution of the

What did the court decide?

Writ petition dismissed; however, direction given to constitute Village Level Committee immediately if not already done.

Salim Uddin Laskar and Anr. Vs the State of Assam and… — Service and Employment | Gauhati HC (2022)

¶1

Page No.# 1/8

¶2

GAHC010150502021

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/5069/2021

¶5

SALIM UDDIN LASKAR AND ANR

¶6

(PRESIDENT OF BORBOND GAON PANCHAYAT) S/O ANSAR UDDIN LASKAR VILL. KUCHILA GRANT, P.O. KUCHILA BAZAR, DIST. HAILAKANDI, ASSAM.

¶7

2: GOURANGA DAS PURKAYASTHA

¶8

(GROUP MEMBER NO. 4) S/O LT. GOHINDRA DAS PURKAYASTHA VILL. BORBOND PART-I PO. BORBOND PART-I DIST. HAILAKANDI ASSAM

¶9

VERSUS

¶10

THE STATE OF ASSAM AND 7 ORS

¶11

TO BE REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI 06

¶12

2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM

¶13

TRANSFORMATION AND DEVELOPMENT DEPTT. DISPUR GUWAHATI 781006

¶14

3:THE COMMISSIONER

¶15

PANCHAYAT AND RURAL DEVELOPMENT DEPTT. JURIPAR GUWAHATI.

¶16

4:THE DEPUTY COMMISSIONER

HAILAKANDI

P.O.

Page No.# 2/8

PS. AND DIST. HAILAKANDI ASSAM PIN 788151 5:THE VILLAGE LEVEL COMMITTEE

¶21

REPRESENTED BY ITS CHAIRPERSON BLOCK DEVELOPMENT OFFICER LALA DEVELOPMENT BLOCK P.O. AND P.S. LALA DIST. HAILAKANDI ASSAM PIN 788151

¶22

6:THE BLOCK DEVELOPMENT OFFICER

¶23

LALA DEVELOPMENT BLOCK P.O. AND P.S. LALA DIST. HAILAKANDI ASSAM PIN 788151 7:THE DIST. DEVELOPMENT COMMISSIONER HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI ASSAM PIN 788151 8:THE JUNIOR ASSTT. (ACCOUNTS AXOM ADARXO GRAM YOJANA) P.O. P.S. AND DIST. HAILAKANDI ASSAM PIN 78815

¶24

Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : SC, PNRD

¶25

Page No.# 3/8

¶26

BEFORE

¶27

HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

¶28

06.01.2022

¶29

Heard Mr. A. M. Barbhuiya, learned counsel for the petitioners and Mr. K. Goswami, learned Additional Senior Government Advocate, Assam for the respondent Nos. 2, 5, 6, 8 and 9. Also heard Mr. A. Roy, learned Standing Counsel, P&RD Department for the respondent Nos. 1, 3 and 7.

¶30

The State Government keeping in mind for holistic and all-round development of the villages in the State like creating of model villages with good quality of public services such as sanitation facilities, functional roads, drainage, reliable electricity, clean drinking water, schools and healthcare institutions and with the aim to provide infrastructure and quality last mile service delivery and to empower the villages towards self-sustainable development formulated a scheme, namely, Axom Adarxo Gram Yojana (AAGY) with the vision that the said scheme will create good social and economic infrastructure and provide improved standard of living and self-sustainable livelihood in the villages of the State. The said AAGY Scheme of the State provides for various Committees including Village Level Committee (Clause IV.6), Execution of works and Construction Committees (Clause IV.7) amongst others.

¶31

The Deputy Commissioner, Hailakandi by an order dated 01.01.2021 (Annexure-1 to this petition) accorded sanction for 8 (eight) numbers of project under the said AAGY scheme for an amount of Rs.47.50 Lakh for the financial years 2018-19 against the Village Borbond Pt-I in respect of Legislative Assembly Constituency No.06, Hailakandi specifying that those 8 (eight) projects would be executed by the Block Development Officer, Lala Development Block. For the said purpose, Rs.22.80 Lakh was sanctioned towards the first installment and 48% of the said 22.80 Lakh was released to the Block Development Officer of Lala Development Block after deducting 2% as administrative expenses.

¶32

The petitioner No.1 is an elected Gaon Panchayat President of Borbond Gaon Panchayat whereas the petitioner No. 2 is an elected Group Member of Group No.4 of the said Borbond Gaon Panchayat.

¶33

Page No.# 4/8

¶34

Being aggrieved with the said order of the Deputy Commissioner, Hailakandi dated 01.01.2021 allowing the Block Development Officer, Lala Development Block to execute the 8 (eight) projects under AAGY Scheme, namely, (i) construction of boundary wall of Cremation Ghat at Borbond Pt-I (1½ X 50 m); (ii) construction of Public Toilet at Mazarbhuiya Timukia, Borbond Pt-I (Market) ( 2 gents toilet and 2 ladies toilet); (iii) construction of new AWC Anganwadi Centre near 600 Borbond LP School; (iv) construction of new AWC Anganwadi Centre near Jonosheba LP Schoola at Borbond LP School; (v) construction of new AWC Anganwadi Centre near Gramunnion LP School at Borbond Pt-I; (iv) construction of CC Road start from Paikan Borbond PWD Road to Irrigation near 40 No. AWC and Ganesh Das (PhaseI); (vii) construction of CC Road start from Dr. A.P.J. LP School to Ali Hussain Shop via M.E. School at Borbond Part-I (Phase-I) and (viii) repairing of Jonoshova LP School at Borbond Part-I (4 windows, 2 doors & Floor Repairing), the petitioners have preferred this writ petition stating that the said order of the Deputy Commissioner, Hailakandi dated 01.01.2021, being not in conformity with the provisions of said AAGY Scheme, should be set aside and quashed.

¶35

The contention of the petitioner is that the said construction works should have been allotted to the Construction Committee as provided under Clause IV.7 of the said scheme where the Village Level Committee has the right to supervise the construction since the sanction is less than Rs.10 Lakh for each of the 8 (eight) projects.

¶36

The Deputy Commissioner, Hailakandi filed its affidavit in this matter clarifying that Clause IV.7, the guidelines pertaining to said AAGY Scheme of the State clearly provides that the Civil Works under the scheme shall be executed through Departments/Construction Committees/Contractors as per standard procedure and since the Block Development Officer of the concerned Block is the concerned person of the Department, i.e. the Department of Panchayat and Rural Development Department, therefore, the Deputy Commissioner, Hailakandi rightly allowed the Block Development Officer of Lala Development Block to execute the works of those projects in terms of Clause IV.7 of said AAGY Scheme.

¶37

However, Mr. A. M. Barbhuiya, learned counsel for the petitioners contended that said works should have been allotted to the Village Level Committee and that the Village Level Committee is yet to be constituted with regard to said Borbond Gaon Panchayat.

¶38

Page No.# 5/8

¶39

Clause IV.6 of the AAGY Scheme of the State pertaining to Village Level Committee stipulates that the said Committee will be based at the village level and will work closely with the Gram Sabha, other stakeholders, knowledge partner, construction committees etc. and work as a link between ground level functionaries and functionaries about it. Further, Clause IV.6 of Village Level Committee also stipulates the composition of the said Committee.

¶40

The Roles and responsibilities as provided in Clause IV.6 of such Village Level Committee read as under:

¶41

“Help the Village fellow to conduct the baseline survey properly.

¶42

Preparation of the VDP through Participatory Rural Appraisal. And for that arrange for consultations, stakeholders meetings etc.

¶43

Help the knowledge partner to geo-tag all resources and assets available and create during the process

¶44

Preparation of the VDP and do consultations with stakeholders and villagers at Gram Sabha

¶45

Preparation of short, medium and long term goals and included it in VDP Preparation of proposals as per approved VDP

¶46

Preparation of action plan on the basis of the resource mapping, opportunities, etc.

¶47

Placing the VDP in the District Level Committee for approval

¶48

Propose Local Construction Committees for works and take its approval from District Committee

¶49

Monitor each and every activities taken up in the village and helps in smooth execution in the village and oversee the works of the Construction Committees or Contractors

¶50

Guide and monitor the performance of village fellow

¶51

Ensure through the village fellow that all works executed in the village are properly geo-tagged (both for physical and financial verification).

¶52

Examination of the bills of the construction Committees and recommend the bills for payments by District Committee for payments

¶53

Meet at least twice in a month to discuss the issues related to the scheme”

¶54

Further, Clause IV.7 relating to execution of works and Construction Committees

¶55

provides the roles and responsibilities which read as follows:

¶56

Page No.# 6/8

¶57

“The business of the committee will be confined to the particular construction activities. They will be responsible for preparation of estimates of the work, preparation of architectural designs, do the designated work as per approved plan by district committee, and complete the work maintaining quality and timeliness. They will raise the bills are per completion of work and send for payment of village level committee. The village level committee will recommended for payments and submit to the district committee for approval. This committee shall also be responsible for maintenance off accounts.

¶58

All projects sanctioned/taken up will be geo-tagged and release of funds would be done by the Deputy Commissioner on the recommendation of the Chairman of the Village Level Committee. Also payments to the parties/vendors by Construction committees or otherwise shall be made by cheque/account transfer or BDT only and no cash transactions shall be allowed. For projects up to Rs.50 lakhs approval for the same will be issued by the District Committee and the Deputy Commissioner will constitute Construction Committees for implementing these projects.

¶59

For individual projects above Rs.50 lakhs, approval will be issued by the Project Monitoring Committee and the schemes will be executed through the concerned Line Departments. The Construction Committees at all levels will be headed by a Government Employee appointed by the respective Committees and will also include members of the respective line departments with which the work is associated with. The district/block level PWD(R/B) engineers/junior engineers will be involved in the Construction committees for preparation and approval of the estimates/designs.”

¶60

It is seen that as per the provisions of Clause IV.7 of the said AAGY Scheme, the Departments/Construction Committees/Contractors after doing the designated works as per approved plan by the District Committee and completing the work maintaining quality and timeliness shall raise the bills as per completion of works and send for payment to Village Level Committee, and thereafter, the Village Level Committee will recommend for payment and submit to the District Committee for approval and that the Committee shall also responsible for maintenance of the accounts.

¶61

Page No.# 7/8

¶62

The impugned order dated 01.01.2021 passed by the Deputy Commissioner, Hailakandi clearly reflects that the Block Development Officer, Lala Development Block will execute the scheme as per the approved plan and estimates after observing all norms and formalities and shall strictly follow the guidelines of AAGY Scheme as well as all standing financial Rules observing further that all projects sanctioned/taken up, will be geo-tagged and that further, release of the funds would be done on the recommendation of the Village Level Committee.

¶63

The provisions of Clause IV.6 as well as Clause IV.7 of the said AAGY Scheme as well as the order dated 01.01.2021 of the Deputy Commissioner, Hailakandi clearly reveal that the Village Level Committee will act as custodian and/or mentor for such work/contract of the projects under the said AAGY Scheme and it only after its (Village Level Committee) recommendation, further payment shall be released towards the construction and completion of the works relating to the projects sanctioned under AAGY Scheme.

¶64

Considering the provisions of Clause IV.6 and Clause IV.7 of the AAGY Scheme as well as the observation made in the impugned order dated 01.01.2021 passed by the Deputy Commissioner, Hailakandi and considering the submission made by the parties, this Court is of the view that no such interference is called for with regard to the impugned order dated 01.01.2021 passed by the Deputy Commissioner, Hailakandi as the Village Level Committee has already been entrusted with sufficient power to look after the work of the projects that are sanctioned under AAGY Scheme for said Borbond Gaon Panchayat.

¶65

Moreover, in terms of Clause IV.7 of said AAGY Scheme either the Department or the Construction Committee or the Contractors can be entrusted with the execution of the works of the projects sanctioned under said Scheme and in the present case it is the Block Development Officer, Lala Development Block, representing the P&RD Department of the concerned Block has been entrusted with the execution of the works of those 8 (eight) projects, noted above.

¶66

Considering the above, this writ petition being devoid of merit stands dismissed.

¶67

However, before parting with the case it is made clear that if the respondents, more particularly, the Deputy Commissioner, Hailakandi as well as the respondents in the P&RD Department and the State respondents in the Transformation & Development Department,

¶68

Page No.# 8/8

¶69

Assam in the meanwhile, have not constituted the Village Level Committee with regard to Borbond Gaon Panchaya of it shall constitute the same forthwith as provided in Clause IV.6 of the Axom Adarxo Gram Yojana.

¶70

JUDGE

¶71

Comparing Assistant

Salim Uddin Laskar and Anr. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Salim Uddin Laskar and Anr. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rehana Begum Laskar Vs the State of Assam and 5 Ors.

Piplu Paul Vs Apu Paul and 2 Ors.

Sunirmal Bhattacharjee Vs the State of Assam and 3 Ors.

Kusum Singha Vs the State of Assam and 3 Ors.

Sri Prasanta Kumar Borthakur Vs Idbi Bank Ltd.

Babrubahan Basumatary Vs the State of Assam and 5 Ors.