Gujarat High Court
Dilipbhai T Mehta & 2 vs State Of Gujarat Thro Principal ... on 17 September, 2014
Author: J.B.Pardiwala
Bench: Akil Kureshi, J.B.Pardiwala
C/WPPIL/164/2011 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 164 of 2011
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DILIPBHAI T MEHTA & 2....Applicant(s)
Versus
STATE OF GUJARAT THRO PRINCIPAL SECRETARY & 2....Opponent(s)
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Appearance:
(PETITIONER NO.1 SINCE DECEASED - DELETED)
MR P P MAJMUDAR, ADVOCATE for the Applicant(s) No. 1 - 2
MR SP MAJMUDAR, ADVOCATE for the Applicant(s) No. 1 - 2
GOVERNMENT PLEADER for the Opponent(s) No. 1
MR PRANAV G DESAI, ADVOCATE for the Opponent(s) No. 3
NOTICE SERVED BY DS for the Opponent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 17/09/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) By this writ-application in the nature of a public interest litigation, the petitioners, residents of Vadodara, have, in principal, drawn our attention to the following six alleged defaults on the part of the Corporation : (i) G-40 Scam; (ii) non- compliance of the orders dated 19th July 2010 and 1st September 2010 passed by the Judicial Magistrate, First Class, (Municipal), Vadodara in Inquiry No.1/15/2010 and C.M.A. Page 1 of 7 C/WPPIL/164/2011 ORDER No.465/2010; (iii) non-compliance of the provisions contained in Chapter XII Drains and Drainage, Sections 156, 157, 176, 177 and of Section 292 of Chapter XVIII Sanitary Provisions of the BPMC Act and non-compliance of the Municipal Solid Waste (Management an Handling) Rules, 2000; (iv) non-compliance of the taxation rules as prescribed in Schedule A, Chapter VIII of the BPMC Act and the Rules as amended by the respondent no.2 from time to time; (v) non-compliance with the provisions of Sections 73, 74 and the Rules about mode of executing the contracts as prescribed in Chapter VI of the Schedule-A of the BPMC Act; and (vi) not constituting the Wards Committee as per the provisions of Section 29A of the BPMC Act.
In such circumstances referred to above, the petitioners have prayed for a mandamus upon the respondents to take appropriate action on the erring officers of the Corporation involved in the G-40 Scam. One of the reliefs prayed for by the petitioners is that the State Government should take appropriate action against the respondents under the provisions of the BPMC Act by ordering dissolution of the Corporation.
On behalf of the Corporation, a detailed affidavit-in-reply Page 2 of 7 C/WPPIL/164/2011 ORDER has been filed, explaining all the six aspects highlighted by the petitioners in the petition.
To put it briefly, the Corporation has clarified that so far as the G-40 Scam is concerned, an inquiry was ordered in that regard and about 23 employees were found to be involved in the Scam. Necessary disciplinary proceedings have also been initiated against those 23 employees. As on today, the matter is pending before the General Board for taking final decision as regards those 23 employees on the basis of the findings recorded by the Inquiry Officer.
So far as the complaint as regards non-constitution of Ward Committees according to the provisions of Section 29A of the BPMC Act is concerned, the same has been explained in detail. To put it briefly, the State Government, in exercise of the powers conferred by sub-section (1) of Section 465 read with sub-sections 8 and 9 of Section 29A of the Act, framed the Gujarat Municipal Corporation Ward Committees, Functions, Duties, Territory Areas and Procedure for Transaction of Business Rules, 2007 vide notification dated 22 nd June 2007. It has been further stated that the General Board of the Corporation in its meeting held on 27 th March 2008 passed a Resolution No.153 for the formation of the Ward Committees. Page 3 of 7
C/WPPIL/164/2011 ORDER So far as the complaint as regards non-compliance of Municipal Solid Waste (Management and Handling) Rules, 2000 is concerned, the same has also been explained in detail. According to the Corporation, the Integrated Solid Waste Management has been designed for the betterment of the solid waste management practices for the city of Vadodara under the Jawaharlal Nehru National Urban Renewal Mission Scheme of the Central Government and the JNNURM Board has sanctioned the Detailed Project Report of Rs.30.98 crore. The aspects of collection and transportation, waste transportation, vehicles and equipments required for collection and transportation have been included in the Detailed Project Report.
It has been further clarified that the secured sanitary landfill site developed under the JNNURM scheme is operational from June 2010 and on an average 150 TPD MSW is being transferred to the secured sanitary landfill site for landfilling from the processing units at Atladara and Makarpura.
So far as the grievance regarding the taxation rules under the provisions of the BPMC Act is concerned, according Page 4 of 7 C/WPPIL/164/2011 ORDER to the Corporation, the issue is pending for adjudication before this Court. The allegations of non-compliance of the mandatory provisions of the BPMC Act and the Rules have been categorically denied.
The complaint as regards non-compliance of the orders passed by the Judicial Magistrate, First Class, (Municipal), Vadodara, is concerned, the same has also been explained in detail.
Thus, from the above, it could be said that the Corporation has taken all necessary steps.
So far as the first prayer of the petitioner is concerned as regards the dissolution of the Corporation in exercise of the powers under Section 452 of the BPMC Act is concerned, Mr.Majmudar, the learned advocate, has very fairly submitted that he would not be seriously pressing for the same. In any view of the matter, we may only say, as observed by the Supreme Court in the case of Common Cause (A Registered Society) v. Union of India, reported in AIR 2008 SC 2116, that if the Legislature or Executive are not functioning properly, it is for the people to correct the defects by exercising their Page 5 of 7 C/WPPIL/164/2011 ORDER franchise properly in the next elections and voting for candidates who will fulfill their expectations, or by other lawful means, but the remedy is surely not by the judiciary in taking over the functions of other organs. If, once the Courts take upon themselves the task of issuing orders as to how the administrative agencies should function, what is there to prevent them for issuing direction as to how the State Government or the Central Government should administer the State and run the country.
For the foregoing reasons, we are of the view that this public interest litigation could be closed. All the issues have been well taken care of. We hope and trust that so far as the issues like the solid waste management, hygiene, etc. are concerned, the Corporation will definitely pay a little more attention in the interest of the people at large.
With the above observations, this writ-application is disposed of.
(AKIL KURESHI, J.)
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C/WPPIL/164/2011 ORDER
(J.B.PARDIWALA, J.)
MOIN
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