Nabam Tama and Anr. v. State of Arunachal Pradesh and Ors.
2015-05-13
B.K.SHARMA, MANOJIT BHUYAN
body2015
DigiLaw.ai
B.K.Sharma,J 1. The petitioners numbering two, projecting themselves as social activists, have filed this PIL praying for a GBI enquiry in respect of the particular centrally sponsdred Scheme Horticulture Mission for North East and Himalayan State (HMNEH). The petitioners have contended that the State respondents entered into a conspiracy in awarding the particular work to NERAMAC, a private company, without taking recourse to any tender process. 2. The petitioner No.l is said to be a Right to Information Chairman of All Arunachal Contractors' Welfare Association (AACWA). As per the own showing of the petitioners, an agreement had been entered into with NERAMAC on 24.12.2013 towards execution of the work. According to the petitioners, such a course of action could not have been adopted by the State Government without inviting Bids through the laid down procedure. 3. We have heard Mr. C. Modi, learned counsel for the petitioners and have also heard Mr. K. Ete, AAG, Arunachal Pradesh, who has produced the copy of the written instructions furnished to him. While Mr. Modi, learned counsel for the petitioners submits that the matter requires interference in view of the fact that the State respondents entrusted the work to NERAMAC Ltd. without calling for tenders, etc., Mr. Ete, learned AAG, Arunachal Pradesh submits that, as projected by the petitioners, NERAMAC is not a private company but it is an entity under the administrative control of the Ministry of Development of North Eastern Region (DONER), Government of India. It has done many turnkey projects under Government departments in many parts of the country. Since NERAMAC is a Government of India Enterprise and as recommended by the DONER, GOVERNMENT OF INDIA and following the discussions between the Department of Horticulture and NERAMAC, the Government of Arunachal Pradesh released the fund to NERAMAC as Program Implementing Agency for the project in question, as per the advice of the Government of India. Accordingly, floating of Notice Inviting Tender was not required. 4. From the written instructions furnished to Mr. Ete, learned AAG, Arunachal Pradesh, it appears that the fund was released to NERAMAC as per the MoU with the Government of Arunachal Pradesh for implementation of Centre of Excellence (CoE) and to import Planting materials including root stocks/improved varieties of plants for trial and demonstration from outside the country.
4. From the written instructions furnished to Mr. Ete, learned AAG, Arunachal Pradesh, it appears that the fund was released to NERAMAC as per the MoU with the Government of Arunachal Pradesh for implementation of Centre of Excellence (CoE) and to import Planting materials including root stocks/improved varieties of plants for trial and demonstration from outside the country. No fund was diverted or misused but has been used for the purpose for which the allotment was made by the Government of India. In paragraph 13 and 14 of the said written instruction, it has been sated, thus : "13. Due to non-availability of True to Type and Good quality horticulture planting materials in Arunachal Pradesh, Govt of India had approved for establishment Centre of Excellence (CoE) under Horticulture Mission for North East and Himalayan States for production of authentic good quality planting material to be further distributed to the farmers under Area Expansion of Fruits components as per the latest policy of the Government of India. Good quality planting materials not only enhance the productivity of the horticulture crops but also reduce the gestation period of the fruit crops. The fund received for establishment of CoE and import of planting material is allotted by Government of India under HMNEH (CSS) Scheme. Hence, the recommendation and suggestion of Government of India to involve NERAMAC in establishment of turnkey project like CoE and Import of planting material was followed. There is no any deviation from the advice of Government of India and prescribed guidelines. 14. The proposal submitted by the Zonal Manager, Arunachal Pradesh NERAMAC for CoE has not specified the crops commercially viable in Arurtachal condition. Hence, new proposal for CoE was submitted by NERAMAC specifying the crops Apple, Kiwi, Cherry and Walnut for Temperate Horticulture and Banana, Pineapple, Ginger, Turmeric and large cardamom for sub-tropical horticulture." 5. This PIL was filed on 30.7.2014 and by that time the agreement for the work was entered into by and between the parties. As per clause 2 of the Agreement, the project in question was to be completed within six months from the date of signing the MoU and release of fund without asking for any additional fund. 6. In Mahabir Auto Stores and Ors.
As per clause 2 of the Agreement, the project in question was to be completed within six months from the date of signing the MoU and release of fund without asking for any additional fund. 6. In Mahabir Auto Stores and Ors. v. Indian Oil Corporation Ltd., (1990) 3 SCC 752 , dealing with the role of the State in exercise of its executive power, the Apex Court observed that article 14 of the Constitution of India cannot and has not been construed as a charter for judicial review of State action after the contract has been entered into, to call upon the Sate to account for its action in its manifold activities by stating reasons for such actions. In the instant case and as discussed above, NERAMAC (which is also not a party respondent in this proceeding) is not a private company but is under the administrative control of the Government of India. The fund was sanctioned to the State Government as per the guidelines and the State Government in turn sanctioned the amount to NERAMAC towards implementing the particular project. In view of the above, we do not find any merit in the PIL and accordingly it is dismissed, without however, any order as to costs.