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2001 DIGILAW 45 (UTT)

Alok Gram Vikas Janhikar Sansthan v. State of Uttaranchal

2001-03-30

M.C.JAIN, P.C.VERMA

body2001
JUDGMENT P. C. Verma and M. C. Jain, J. : This petition has been filed by the petitioner challenging the order dated 27.12.2000 passed by the District Magistrate, Udham Singh Nagar interfering with the decision of the D.R.D.A. in respect of certain work of constructions granted by the District Rural Development Agency (D.R.D.A.) to the petitioner, which is a non-governmental organization. The District Magistrate has no authority to interfere with the decision of the D.R.D.A. in view of the Government orders contained in Annexure 10 and 11 to the writ petition, by which the constitution of D.R.O.A. has been changed and now the Chief Development officer of the District is the chief Executive officer of the D.R.D.A. and chairman, Zila Parishad is its Chairman as well. Since the District Magistrate has no authority to interfere with the order passed by the D.R.D.A. we set aside the order dated 27.12.2000 and 1.1.2001 passed by the District Magistrate Udham Singh Nagar and C.D.O. respectively. 2. Sri Rituraj Awasthi has moved application on behalf of one N.G.O. Bhartiya Nav Chetana Sansthan, Luc-know, that he was not given opportunity of being heard at the lime or final hearing. Sri Awasthi pointed out that the contract granted by the D.R.D.A. is contrary to the provisions contained in the guide lines issued by the Ministry of Rural Development and various Government have held that the District Magistrate has no authority to interfere with the decision of the D.R.D.A. therefore it is open for Sri Awasthi to advice his client to apply for appropriate remedy available to him under the law. For the reasons rec6rded above, the writ petition is disposed of accordingly.