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2016 DIGILAW 5 (MAN)

Kambam Seityajit Mangangcha v. State of Manipur

2016-01-18

L.K.MOHAPATRA, N.KOTISWAR SINGH

body2016
JUDGMENT : The following are the two main prayers in this Public Interest Litigation:- “(i) Issue a writ in the nature of certiorari or any other appropriate writ or order thereby quashing and cancelling the impugned portion of the Government of Manipur order No.26/56/2014W issued by the Secretariat, Works Department dated 31.01.2015 at Sl.No.1 to 5 (Imphal East Division ) and at Sl.No.1 (Bridge Division) in the list of proposed works under the 13th Finance Commission (R&B) during 2014-15 (at Annexure-A/3) by declaring the same as illegal; (ii) issue a writ of mandamus directing the concerned authorities to hold an enquiry to ascertain the role of the concerned persons who have taken the illegal and unfair administrative decision and accordingly award consequential punishment as per law in the general interest of the public.” 2. With reference to the averments made in the writ petition and prayers as indicated above, Shri M. Rarry, learned counsel appearing for the petitioner submitted that 6(six) items of works as indicated in AnnexureA/3 to the writ petition included in the list of list of proposed works under 13th Finance Commission had already been executed earlier and therefore could not have been shown as proposed work under the 13th Finance Commission. Therefore, the first prayer is made for quashing the said order in AnnexureA/3 dt. 31.1.2015. The second prayer relates to direction to the authorities to conduct an enquiry and ascertain the role of the concerned officers who have taken illegal and unfair administrative decision and impose consequential punishment in accordance with law. The 5 items of works which are said to have been executed much earlier to the order passed in AnnexureA/3 are as follows: 1. Maintenance of roads from Thangal General Traffic point to JNIMS Gate for an expense of Rs.270 lakhs; 2. Maintenance of roads from Old Chekon Traffic Point to New Chekon Traffic Point in connection with Sangai Festival 2014 worth Rs. 65 lakhs 3. Improvement of Chekon road from Minuthong to Thangal Memorial Traffic point at the cost of Rs.350 lakhs ; 4. Maintenance of Pong Road from JNIMS Gate to Hatta near Minuthong at the cost of Rs.85 lakhs; 5. Improvement of road from Thumbuthong approach road to Govindaji via Thangapat Mapal and Govinda Gram at the cost of Rs.170 lakhs. 3. Improvement of Chekon road from Minuthong to Thangal Memorial Traffic point at the cost of Rs.350 lakhs ; 4. Maintenance of Pong Road from JNIMS Gate to Hatta near Minuthong at the cost of Rs.85 lakhs; 5. Improvement of road from Thumbuthong approach road to Govindaji via Thangapat Mapal and Govinda Gram at the cost of Rs.170 lakhs. 3. According to the learned counsel for the petitioner, these works had already been completed much prior to the Sagai Festival and therefore it is presumed that payment must have been made for execution of the said works. Therefore, inclusion of the said works again under the 13th Finance Commission during 2014-15 is purposefully done for siphoning the money. 4. A counter affidavit has been filed on behalf of the respondent Nos1 and 2. It is stated in the counter affidavit that Sanjenthong bridge is the only connecting bridge for the people coming from Imphal West District. The work of the said bridge could not be completed in time for which a decision had to be taken to improve/repair all the roads leading to Sangai Festival venue which was scheduled to be held from 21st Nov. To 31st Nov. 2015 at Hatta Kangjeibung at Palance compound. A decision was taken to urgently complete the works to approach main Venue of Sangai festival from western side through two roads, i.e. Minuthong to Thangal Memorial Traffic Point and Old Thumbthong to Palace compound. Similarly, roads from Thumbuthong to JNIMS Gate and the road from Old Chekon traffic point to New Chekon Traffic point had to be also repaired/improved. Two other roads, namely Pong road through JNIMS Gate to Hatta near Minuthong and retaining wall and approach road of old Thumbuthong bridge also had to be improved to make them traffic worthy for the visiting VIPS and dignitaries to attend the festival. These works were undertaken in advance in order to be completed before Sangai 2014 and such works had been undertaken as per the CPWD work manual. It is also stated in the counter affidavit that availability of fund under the 13th Finance Commission 2014-15 for roads and bridges is known to as early as in August, 2014 and therefore the above five works and another bridge work had been included in the approved list of works under the 13th Finance Commission 2014-15. It is also stated in the counter affidavit that availability of fund under the 13th Finance Commission 2014-15 for roads and bridges is known to as early as in August, 2014 and therefore the above five works and another bridge work had been included in the approved list of works under the 13th Finance Commission 2014-15. Referring to the counter affidavit it was contended by the State counsel that no payment had been made for execution of the above works since it has been included in the proposed works to be undertaken under the 13th Finance Commission, 2014-15. 5. As is evident from the counter affidavit, these works were urgently required to be undertaken due to non completion of the bridge connecting the venue where Sangai festival is held. There is nothing on record to show that the executing agencies had been paid for the works done and it is the stand of the learned State counsel that considering the urgency such steps had been taken by the State Government before Sangai Festival and consequently these works were included in the proposed list of works to be executed under the 13th Finance Commission 2014-15. It is, therefore, clear that there is no duplication of work nor is there any evidence to show that the executing agencies had been paid for the works they have done and by incorporating these 6(six) works in the list of proposed works to be undertaken under the 13th Finance Commission, 2014-15 is unknown area to siphon money. We, therefore, find no substance in the allegations made by the petitioner in this PIL. However, we find that some irregularities had been done in getting the works executed though urgency was involved. It is known that Sangai Festival is always held in the 3rd week of November every year. Since the State respondents were aware of this, proper steps should have been taken to repair/improve the connecting roads to the venue of Sangai festival instead of taking them urgent one. It may be correct to say that two roads were required immediately for repair or improvement as the main connecting bridge could not be completed, but so far as the other roads are concerned they could complete much earlier without showing them as urgent works. With the above observation, this PIL is disposed of.