Biju Kumar Pegu and Anr. Vs the State of Assam and Ors.

MEMBER OF DISTRICT LEVEL COMMITTEE FOR MONITORING AND EVALATION OF NEW GP BUILDING OF ADI ALENGI GAON PANCHAYAT OF NOWBOICHA DEVELOPMENT BLOCK C/O THE CHIEF EXECUTIVE OFFICER LAKHIPUR ZILLA PARISHAD NORTH LAKHIPUR PIN 787001 DIST LAKHIMPUR ASSAM

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10:DIPAK SABHAPANDIT

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MEMBER OF DISTRICT LEVEL COMMITTEE FOR MONITORING AND EVALATION OF NEW GP BUILDING OF ADI ALENGI GAON PANCHAYAT OF NOWBOICHA DEVELOPMENT BLOCK C/O THE CHIEF EXECUTIVE OFFICER LAKHIPUR ZILLA PARISHAD NORTH LAKHIPUR PIN 787001 DIST LAKHIMPUR ASSA

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Advocate for the Petitioner : MR. P HAZARIKA, MR. H S BORAH,MR B K BORAH

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Advocate for the Respondent : SC, P AND R.D., SC, PWD,GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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19.09.2025

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Heard Shri P Hazarika, learned counsel for the petitioners. Also heard Shri S Dutta, learned Standing Counsel, P&RD Department as well as Shri B Chowdhury, learned Standing Counsel, PWD.

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2. Considering the facts and circumstances and the issue involved, this writ petition is taken up for disposal at the motion stage itself.

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3. The petitioners are aggrieved by a notification dated 19.06.2025 whereby, a

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District Level Committee has been constituted for monitoring the execution of the construction work of the Gaon Panchayat building in question.

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4. It is the case of the petitioners that in terms of the policy adopted in the Rashtriya Gram Swaraj Abhiyan (RGSA), the Central Government had allotted funds for construction of Gaon Panchayat buildings. Pursuant thereto, the State of Assam had issued an order dated 05.07.2021 formulating guidelines for such constructions and as per the same, Three Tier Committees were to be constituted, namely, (i) State Level Committee for selection of Gaon Panchayat for construction of building; (ii) A Block Level Construction Committee for execution of work; and (iii) A District Level Committee for monitoring the execution.

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5. The petitioners contend that in terms of the aforesaid guidelines, a notification was issued on 10.03.2025 for construction of the newly created Adi Alengi Gaon Panchayat in the district of Lakhimpur in which, the petitioners were members of the Block Level Committee. The petitioners also contend that pursuant to such constitution, the work of construction of the Gaon Panchayat building was started by making investment. However, vide the impugned notification dated 19.06.2025, the District Level Committee has also been entrusted to monitor the execution of the construction work.

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6. Shri Hazarika, learned counsel for the petitioners has submitted that progress has been made for the construction work and though the initiation of such constructions were required to be done after release of funds, on the verbal assurance, investments have also been made. He has also drawn the attention of this Court to certain photographs to show the constructions which have already been made. He has also referred to some invoices relating to purchase of goods/ articles for construction works.

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7. The learned counsel for the petitioners accordingly submits that the impugned order dated 19.06.2025 be interfered with and the construction work be directed to be continued with the Block Level Committee which was constituted as per the order dated 05.07.2021.

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8. Per contra, Shri Dutta, learned Standing Counsel, P&RD Department has submitted that the objective of the Department is to ensure that there is no compromise in the standard and quality of the construction of the gaon panchayat building and such decisions are to be taken by the Department which would be within its domain. He has submitted that the members of the Block Level Committee cannot stake any claim and assert that the construction works are required to be executed under their monitoring only.

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9. Both Shri Goswami, learned State Counsel, Assam and Shri Chowdhury, learned Standing Counsel, PWD have also submitted that the petitioners do not have any enforceable right to assert that the monitoring of the execution of the construction work has to be confined to the Block Level Committee.

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10. After perusal of the materials on record and hearing the rival submissions, this Court has noted that though the Department vide order dated 05.07.2021 had formulated the guidelines as per which, a Three Tier Committee was envisaged, there cannot be any restraint upon the Department to take any further decisions as to which Committee would monitor the execution of the construction works. The aforesaid aspect would be wholly within the domain of the Department and the only objective is to ensure that the constructions of the Gaon Panchayat buildings are of the best standard and there is no compromise with the quality of construction.

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11. On the aspect of the petitioners having invested amounts while the construction was initiated, this Court is of the opinion that while the impugned action does not call for any interference, if any expenses have been incurred by the petitioners for the construction which are also supported by certain invoices, such expenses are to be reimbursed. This Court, accordingly grants leave to the petitioners to file a detail representation along with supporting documents to claim the reimbursement of the investment made. If such a representation is made before the Chief Executive Officer (CEO), Lakhimpur along with the supporting documents, the CEO shall consider the same and reimburse the admissible amount expeditiously in accordance with law.

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12. The writ petition accordingly stands disposed of.

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JUDGE

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Biju Kumar Pegu and Anr. v. the State of Assam and Ors.

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Biju Kumar Pegu and Anr. v. the State of Assam and Ors.

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