Research › Search › Judgment

Gauhati High Court · body

2020 DIGILAW 384 (GAU)

Kamalsing Bey v. Union Of India

2020-03-13

MANOJIT BHUYAN, SOUMITRA SAIKIA

body2020
JUDGMENT Manojit Bhuyan, J. - In terms of the earlier order of this Court dated 09.01.2020, an affidavit dated 24.02.2020 has been filed by the Commissioner & Secretary, Public Health Engineering, Government of Assam with regard to release and sanction of funds in connection with the scheme called 'Augmentation of Greater Diphu Water Scheme in Karbi Anglong District'. Paragraphs 3 and 4 of the said affidavit indicates that the Public Health Engineering Department, Government of Assam has no control or say over the release and sanction of funds for the scheme. For ready reference the said paragraphs 3 and 4 are reproduced hereunder: '3. That the deponent would like to humbly state that pursuant to a Resolution dated 12.04.1995 adopted by the Assam Legislative Assembly, the administrative control of 30 departments (including the Public Health Engineering Department) was entrusted to the Karbi Anglong Autonomous Council by the Governor of Assam by exercising his powers under Paragraph 6(2) of the Constitution of India. Thereafter, the administrative and executive control of the PHE Department has been vested with the Karbi Anglong Autonomous Council. The funds for the aforesaid scheme in question, including both central and state funds were therefore directly transferred to the Karbi Anglong Autonomous Council through the Hill Area Department, Government of Assam. In these circumstances, even though the scheme is of vital public importance concerning an issue as critical as safe drinking water, the Public Health Engineering Department , Government of Assam unfortunately does not have any control or say over the release and sanction of funds for the scheme. 4. That the deponent would like to state that he is in receipt of a status report on the aforesaid scheme from the Office of the Executive Engineer (PHE), Diphu Urban Water Supply Division. From a perusal of the said report, it can be seen that works in proportion to the released amount has already been completed and Utilization Certificate (UCs) for the same has already been submitted to the Government of Assam. Thereafter, several communications have been addressed to the Hill Areas Department, Government of Assam for release of the balance funds. With regard to the above, the deponent would like to humbly submit that the aforesaid scheme was sanctioned under the NLCPR Programme which comes under the aegis of the Ministry of Development of North Eastern Region, Government of India. Thereafter, several communications have been addressed to the Hill Areas Department, Government of Assam for release of the balance funds. With regard to the above, the deponent would like to humbly submit that the aforesaid scheme was sanctioned under the NLCPR Programme which comes under the aegis of the Ministry of Development of North Eastern Region, Government of India. Out of the total sanctioned amount of Rs.2767.44 lakhs, the share of the Central Government was Rs.2490.69 lakhs out of which, an amount of Rs.854.11 lakhs have been released. The total share of the Government of Assam was Rs.276.75 lakhs out of which, an amount Rs.210.1272 lakhs have been released.' 2. The petitioner may respond to the statements and averments made in paragraphs 3 and 4 above. 3. Since a private respondent is also impleaded in the present PIL, let Notice be issued making it returnable by 4 (four) weeks. The respondent no. 1 Union of India is represented by Mr. S.C. Keyal, learned Assistant Solicitor General of India whereas Mr. P.N. Goswami, learned counsel appears for respondent nos. 2 and 3. Mr. J. Chutia, learned counsel appears for respondent nos. 4 and 5 whereas Mr. S. R. Baruah, learned counsel appears for respondent no. 6. No notice is required to be issued in respect of respondent no. 8 at this stage. Petitioner shall serve extra copies of the petition to the counsel representing the respondents. Also, steps on private respondent no. 7 be taken by registered post, acknowledgement due within 5 (five) days. 4. List immediately after the returnable date.