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2017 DIGILAW 325 (JHR)

Nityanand Mahto v. State Of Jharkhand

2017-02-14

D.N.PATEL, RATNAKER BHENGRA

body2017
JUDGMENT D.N. Patel, J. – This petition has been preferred for the following prayers: - "(I) Commanding the respondents to disburse the amount of Welfare Fund already sanctioned and received by the Respondent Department for the purpose of welfare of the tribal community of the District of Singhbhum East under the Central Welfare Scheme, and (ii) For commanding the respondents for making payment of the entire amount of tribal welfare for the East Singhbhum District any further delay, and for any other reliefs for which the petitioner is entitled in law." 2. Having heard the learned counsels to both sides and the contentions raised by the counsel for the petitioner, it appears that a lump sum and general arguments have been canvassed that some money, which are meant for tribals, may kindly be diverted to the tribals as per some Central Government scheme. Nobody knows even what is the name of the scheme on the part of the petitioner, but, they are demanding some money to be given to the tribals as per some scheme of the Central Government. 3. Looking to the laudable cause that the welfare of tribals is involved, despite the bare minimum argument canvassed by the counsel for the petitioner, we have called upon the Additional Advocate General to give the details about the schemes applicable to the tribals and tribal areas. 4. Additional Advocate General has tendered to this Court a list of details abut the schemes applicable to the tribals and tribal areas and the funds received and the expenditure of those funds for the tribals and the tribal areas. 5. In fact, the schemes are more applicable to tribals and tribal areas. There are 25 schemes which have been pointed out by the Additional Advocate General and in detail, it has been pointed out that they are pertaining to Water Harvesting Irrigation & Land Development, Homestead Poultry, Goat Rearing, Breed improvement for Dairy Development, Dairy Development, Construction of Deep Boring with lift irrigation, construction of lift irrigation/micro irrigation, Construction/renovation of Barudih Dam. 6. The schemes are applicable in various districts and it is submitted by the Additional Advocate General that the schemes are already under implementation and few of them have already been implemented. 6. The schemes are applicable in various districts and it is submitted by the Additional Advocate General that the schemes are already under implementation and few of them have already been implemented. Discussions have also been done for the rank & file stages in tribal areas under proper monitoring system as developed by concerned department namely Social Welfare Department Cum Tribal Welfare Commissioner. 7. Having heard learned counsels for both sides and looking to the facts and circumstances of the case, it appears that following schemes are meant for welfare of tribals and non-tribals applicable in the tribal areas of various districts of the State of Jharkhand:- Proto-type Scheme Batch - V-2nd Year SN Name of the Project No. of Unit Name of the Block Financial Condition Amount Allotted Amount disbursed by the Office of Tribal Welfare Commissioner Letter No./ Dated Amount 1 2 3 4 5 6 7 1 Water Harvesting Irrigation & Land Development Scheme 1 Potka 43.97 41/10.01.13 32.98 2 Water Harvesting Irrigation & Land Development Scheme 1 Patamba 43.97 32.98 3 Water Harvesting Irrigation & Land Development Scheme 1 Musabani 43.97 32.98 4 Water Harvesting Irrigation & Land Development Scheme 1 Dhalbhumgarh 43.97 32.98 Total 4 175.88 131.92 5 Homestead Poultry 1 Jamshedpur 68.01 51.00 6 Homestead Poultry 1 Chakulia 68.01 51.00 Total 2 136.02 102.00 7 Goat Rearing 1 Dumria 22.18 16.64 Total 1 22.18 16.64 Sub- Total 7 334.08 250.56 NEW SCHEME 8 BREEDIMPROVEMENT 1 Jamshedpur 66.37 49.78 Total 1 66.37 49.78 Grand Total 8 400.45 300.34 Proto-type Scheme Batch - VI-2nd Year SN Name of the Project No. of Unit Name of the Block Financial Condition Amount Allotted Amount disbursed by the Office of Tribal Welfare Commissioner Letter No./ Dated Amount 1 2 3 4 5 6 7 1. Dairy Development 1 Potka 32.44 41/10.01.13 24.33 2. Dairy Development 1 Dumaria 32.44 24.33 Total 2 64.88 48.66 NEW SCHEME 3. Construction of Deep Boring with lift irrigation (1 year) 5 Chakulia 25.00 18.75 4. Construction of Deep Boring with lift irrigation (1 year) 5 Ghatshila 25.00 18.75 5. Construction of Deep Boring with lift irrigation (1 year) 5 Dhalbhumgarh 25.00 18.75 5. Construction of Deep Boring with lift irrigation (1 year) 5 Potka 25.00 18.75 6. Construction of Deep Boring with lift irrigation (1 year) 5 Dumaria 25.00 18.75 7. Construction of Deep Boring with lift irrigation (1 year) 5 Ghatshila 25.00 18.75 5. Construction of Deep Boring with lift irrigation (1 year) 5 Dhalbhumgarh 25.00 18.75 5. Construction of Deep Boring with lift irrigation (1 year) 5 Potka 25.00 18.75 6. Construction of Deep Boring with lift irrigation (1 year) 5 Dumaria 25.00 18.75 7. Construction of Deep Boring with lift irrigation (1 year) 5 Baharagora 25.00 18.75 8. Construction of Deep Boring with lift irrigation (1 year) 5 Musabani 25.00 18.75 Total 35 175.00 131.25 10. Construction of lift irrigation/Micro Irrigation 10 Potka 60.00 45.00 11. Construction of lift irrigation/Micro Irrigation 10 Dhalbhumgarh 60.00 45.00 12. Construction of lift irrigation/Micro Irrigation 9 Baharagora 54.00 40.50 13. Construction of lift irrigation/Micro Irrigation 9 Chakulia 54.00 40.50 14. Construction of lift irrigation/Micro Irrigation 9 Chakulia 54.00 40.50 15. Construction of lift irrigation/Micro Irrigation 9 Musabani 54.00 40.50 16. Construction of lift irrigation/Micro Irrigation 9 Dumaria 54.00 40.50 Total 65 390.00 292.50 17. Construction/renovation of Burudih Dam 1 Ghatshila 65 48.75 Total 1 65 48.75 Sub- Total 101 630 472.50 Grand Total 103 694.88 521.16 8. In view of the aforesaid schemes, which are already under operation in the tribal areas, it appears that under various schemes, varieties of welfare activities, are going on for the tribals and non-tribals in the tribal areas. Looking to these schemes, it further appears that their implementation is also going on under monitoring system developed by Social Welfare Department-Cum-Tribal Welfare Commissioner. 9. In view of the aforesaid submissions, we see no reason to further monitor this case, as several schemes are already made operative in the tribal areas. It is expected from the State of Jharkhand that finance allotted for these schemes, may be spent/utilised for the welfare of tribals and non-tribals, in tribal areas, instead of surrendering the same to the State on 31st of March, of English Calendar year. 10. Hence, this Public Interest Litigation is hereby disposed of.