Public interest writ petition seeking mandamus to release sanctioned funds for upgrading sewerage drains in a Schedule Caste locality. The State ensured a Code of Conduct violation precluded immediate work during elections but assured release of the remaining balance post-elections. The petition was disposed of based on this assurance.
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CWP No. 6917 of 2012
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
********* CWP No. 6917 of 2012 Date of decision : 4.7.2012
Gurdev Singh .......Petitioner
Vs.
State of Punjab through its Secretary Panchayat, Punjab, Chandigarh and others
..........Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice Hon'ble Mr. Justice Rakesh Kumar Jain
Present:Mr. Sunil Agnihotri, Advocate, for the petitioner Ms. Sudeepti Sharma, DAG, Punjab
Jasbir Singh, Acting Chief Justice (oral)
This writ petition has been filed in public interest with a prayer that a writ of mandamus be issued to respondent No. 2 to release an amount of ` 2 lakhs which was sanctioned by the Chief Minister of Punjab to upgrade the waste water drains in the residential locality of the Schedule Caste Community. It was averred in the writ petition that though the amount was released but Social Education and Panchayat Officer (S.E.P.O.) has not started the work to upgrade the drainage system which is deteriorating the condition of the village streets. To say so, reference was made to Annexure P-1.
In response to notice issued, reply has been filed by way of affidavit of Ajay Kumar, Block Development and Panchayat Officer, Bhunga. Para 2 of the reply reads thus :-
CWP No. 6917 of 2012
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“That it is brought to the notice of this Hon'ble court that after receiving the present petition, the respondent No.4 wrote to SDO Panchayati Raj/Technical Officer to visit the spot and gave his proposal/Technical report for drain out the waste water of schedule caste community locality in the village Ropuwal. SDO Panchayati Raj/Technical Officer of the department of the Rural Development of Panchayat visited the spot on 13.6.2012 and submitted an estimate for construction of drain for the release of waste water in the schedule caste community area of the village. SDO Panchayati Raj submitted that the estimate for the construction of under ground drain is 5,00,000/-. He further pointed out that as per the site plan/Level Sheet, the waste water of the petitioner's house and some other house's of Schedule Caste community is discharging at point C. The land of point C belongs to Gair Mumkin Dhers. The waste water cannot be discharged from point C to D through point B because the level of point E and F is high from point C and D. The copy of report of SDO Panchayati Raj is annexed as Annexure R- 1. It is further brought to the notice of his Hon'ble Court after considering the report of the SDO Panchayati Raj (Annexure R-1), the remaining amount3,00,000/-will be sanctioned. It is further brought to the notice of this Hon'ble court that grant for new work not been sanctioned now and the work for discharging of the waste water cannot be initiated because the Election Commission has been imposed Code of Conduct till 16.7.2012 in the District Hoshiarpur for the election of Dasuya assembly constituency. After completion of the election process, the work for discharging the waste water will be initiated.”
It is further stated that an amount of ` 2 lakhs has already been released and the same stands deposited in the bank account of the Gram Panchayat. The total expenditure as per estimate prepared for upgradation of drains in
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CWP No. 6917 of 2012
the locality would come to 5 lakhs for which a sum of 3 lacs more would be required.
Counsel for the State assures the Court that required amount would be released immediately and the work to upgrade the drainage system will be started on completion of the assembly election in Dasuya Constituency of District Hoshiarpur.
In view of above, this writ petition stands disposed of.
(Jasbir Singh) Acting Chief Justice
(Rakesh Kumar Jain) Judge 4.7.2012 Ashwani
Gurdev Singh
State of Punjab through its Secretary Panchayat, Punjab, Chandigarh and others
Jasbir Singh
Rakesh Kumar Jain
As recorded by the court registry
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