Bombay High Court
The High Court On Its Own Motion High ... vs The State Of Maharashtra And Others on 30 October, 2018
Bench: R.M.Borde, Vibha Kankanwadi
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
SUO MOTO WRIT PETITION NO. 1 OF 2017
(The High Court on its own Motion)
High Court of Judicature at Bombay,
Bench at Aurangabad. Petitioner
Versus
The State of Maharashtra & others Respondents
Ms.Neha B. Kamble, advocate for the petitioner.
Mr.A.B.Girase, Government Pleader, for Respondents.
CORAM : R.M.BORDE &
SMT. VIBHA KANKANWADI, JJ.
DATE : 30th October, 2018. PER COURT: 1 This Court has taken note of a news item published in
Daily Divya Marathi dated 18.09.2017 highlighting the sufferings of a pregnant lady, who was required to be carried to a distance of about 1 Km on a wooden bed which has been used as a stretcher to reach the pakka road after covering a distance of about 4 Kms muddy road and thereafter she was required to be taken by ambulance to the hospital. The problem, that has been brought to the notice, highlights the contradistinctions of providing infrastructural facilities in rural and urban areas. A reference has been made in the order to the judgment of the Hon'ble Supreme Court in the matter of State of Himachal Pradesh & another Vs. Umed Ram Sharma and others, reported in 1986 (2) SCC 58, wherein it has been observed that Article 21 embraces in itself not only physical existence of life, but quality of life and for residents of ::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 02:15:48 ::: {2} swp1-17.odt hilly area, access to road is access to life itself. It would be apt to refer to the judgment of the Hon'ble Supreme Court in the matter of State of Karnataka vs. Appa Balu Ingale, reported in 1995 (Supp) 4 SCC 469, wherein it has been observed that:
10. .... Democracy meant fundamental changes in the social and economic life of the people, absence of inequitous conditions, inequalities and discrimination. There can be no dignity of person without equality of status and opportunity. Denial of equal opportunities in any walk of social life is denial of equal status and amounts to preventing equal participation in social intercourse and deprivation of equal access to social means. Human relations based on equality, equal protection of laws without discrimination would alone generate amity and affinity among the heterogeneous sections of the Indian society and a feeling of equal participants in the democratic polity. Adoption of new ethos and environment are, therefore, imperatives to transform the diffracted society into high degree of mobility for establishing an egalitarian social order in Secular Socialist Democratic Bharat Republic...."
2 A reference is also made to the judgment in the matter of Dalmia Cement (Bharat) Ltd. v. Union of India, (1996) 10 SCC 104 at page 119, wherein it is observed thus:
21 Article 38 of the Constitution enjoins the State to strive to promote the welfare of the people by securing and protecting, as effectively as it may, the social order in which justice -
social, economic and political - shall, inform all the institutions of the national life striving to minimise inequalities in income and endeavour to eliminate inequalities in status, facilities, opportunities amongst individuals and groups ::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 02:15:48 ::: {3} swp1-17.odt of people residing in different areas or engaged in different avocations.....
.... the rights, liberties and privileges assured to every citizen are linked with corresponding concepts of duty, public order and morality. Therefore, the jural postulates form the foundation for the functioning of a just society. The fundamental rights ensured in Part III are, therefore, made subject to restrictions i.e. public purpose in Part IV Directives, public interest or public order in the interest of the general public......
......The Directive Principles are the fundamentals in their manifestos. Any digression is unconstitutional. The Constitution enjoins upon the Executive, Legislature and the Judiciary to balance the competing and conflicting claims involved in a dispute so as to harmonise the competing claims to establish an egalitarian social order. It is a settled law that the Fundamental Rights and the Directive Principles are the two wheels of the chariot; none of the two is less important than the other. Snap one, the other will lose its efficacy. Together, they constitute the conscience of the Constitution to bring about social revolution under the rule of law. The Fundamental Rights and the Directives are, therefore, harmoniously interpreted to make the law a social engineer to provide flesh and blood to the dry bones of law. The Directives would serve the court as a beacon light to interpretation. Fundamental Rights are rightful means to the end, viz., social and economic justice provided in the Directives and the Preamble. The Fundamental Rights and the Directives establish the trinity of equality, liberty and fraternity in an egalitarian social order and prevent exploitation."
3 The order passed by this Court on 18.09.2017 highlights 3 issues for consideration.
::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 02:15:48 :::{4} swp1-17.odt I Lack of basic infrastructure for Rural population - Wherein, the State has to ensure that basic infrastructural, educational and medical facilities are uniformly made available to the rural population.
II Regional Inequality- Wherein, the State shall in particular strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals, but also amongst the group of people residing in different areas or engaged in different vacation.
III Backlog measurement, allocation and utilization - Wherein, after the establishment of Statutory Development Corporations for the region, what has been the backlog in respect of providing the road connectivity in Marathwada region in respect of urban as well as rural area and how the State Government proposes to meet inequalities and remove the backlog.
4 We have appointed Ms.Neha Kamble, advocate as amicus curiae to represent the petitioner. Learned advocate has presented an elaborate well researched petition, elaborately dealing with all connected issues. It would be appropriate to refer to certain factual as well as legal aspects noted by the learned ::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 02:15:48 ::: {5} swp1-17.odt advocate in the petition and we expect the respondents to respond to the issues raised in the petition as well as the points formulated and highlighted in the order.
5 The problem, that has been put forth, required us to consider certain factors like lack of basic infrastructural facilities viz. (i) road connectivity, (ii) electricity supply, (iii) water supply, (iv) medical facilities and (v) educational facilities in rural areas in contradistinction with facilities in urban areas; and in reference to Marathwada region, we have to examine as to whether the State has performed its Constitutional duty to remove inequality. Maharashtra is most urbanised state of India with 45% population residing in cities and 55% residing in villages. The districtwise data shows that most of the districts of Marathwada and Vidarbha region account for comparatively higher percentage of rural population. As per 2011 census, the population of Marathwada region is 1.87 crores, which is 16.67% of total population of the State, out of which 72.83% population lives in rural area and 27.17% population resides in urban area.
6 It is pointed out in the petition that under MREGS, only a handful of work of rural road constructions have been completed by 2015-2016 and the details thereof are recorded on page 25 of the petition.
Handful of road works in rural area completed by 2015-2016 Rural Road Construction as on 2015-16 District Works Completed Pending works Aurangabad 67 754 Jalna 17 1040 ::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 02:15:48 ::: {6} swp1-17.odt Parbhani 55 567 Hingoli 30 395 Beed 185 1814 Nanded 10 1624 Osmanabad 907 1593 Latur 85 932 Jalgaon 95 1003 Ahemdnagar 114 1262 Dhule 194 543 7 The State has undertaken various schemes for providing infrastructural facilities in rural areas. Apart from the works undertaken under the MREGS (Maharashtra Rural Employment Guarantee Scheme), the State has formulated Samruddha Maharashtra Jankalyan Yojna which makes a provision for road connectivity in rural areas and to such Wadi, Vasti, Tanda which has a population less than 100. The Public Works Department and Zilla Parishad also undertake works relating to road connectivity. There is nationwide scheme for providing road connectivity to rural areas i.e. "Pradhan Mantri Gram Sadak Yojna"
as well as at the State level, "the Chief Minister Gram Sadak Yojna".
8 It would be appropriate for the respondents to provide data in respect of road connectivity in rural areas and the works undertaken under the various schemes completed till this date, in reference to Marathwada region; and also to provide data in respect of other Regional Development Boards in the State and to provide information as regards backlog in respect of road connectivity in rural area of Marathwada region.
::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 02:15:48 :::{7} swp1-17.odt 9 The issue of providing health services in the region has been elaborately dealt with in the petition. The financial backlog and the allocation of outlay for removal of backlog in public health in Marathwada region is quite meager and as a result thereof the backlog has swelled to phenomenal extent as is appearing from he statistics recorded in paragraph no. 57 of the petition.
(Figures in crores)
Annual Plan/ Backlog with Marathwada Vidarbha Rest of
allocation Maharashtr
a (ROM)
Backlog as on 01.03.2011 275.09 64 738.37
Allocation for 2011-12 64.43 28.07 195.23
Backlog as on 01.04.2012 260.93 45.6 331.48
Allocation for 2012-13 39.3 122.71 66.96
Backlog as on 01.02.2013 248.73 37.6 312.75
Allocation for 2013-14 44.39 50.06 153.27
Backlog as on 01.02.2014 234.44 12.34 245.51
Allocation for 2014-15 55.04 20.62 178.87
Backlog as on 01.02.2014 230.23 9.13 225.4
Allocation for 2015-16 39.32 9.44 119
Backlog as on 01.03.2015 215.77 0 163.02
Allocation for 2016-17 15.74 14.14 101.45
Baclog as on 31.03.2016 179.28 0 129.54
Allocation for 2017-18 20.49 17.93 124.53
10 The allocation of funds in health sector is to the tune
of 15.74 crores in 2016-17, whereas backlog is of 179.28 crores. As on 01.03.2015, it as 215.77 crores and the allocation was meager i.e. 39.32 crores. In the year 2017-18 the allocation is only to the tune of 20.49 crores.
::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 02:15:48 :::{8} swp1-17.odt 11 The Hon'ble Governor of Maharashtra has been conferred with the power under Article 371(2) of the Constitution of India to constitute Boards for balanced regional development of the State and the Hon'ble Governor, from time to time issued directives to the State under Rule 7 of the Development Boards of Vidarbha, Marathwada and Rest of Maharashtra Order, 2011, for removing the backlog in the regional development. It is evident from the directives issued by the Hon'ble Governor for 2011-12 to 2016-17, that though there is a backlog in Public Health in Marathwada, which is persisting, the allocation to meet the backlog is too meager as compared to the other regions.
12 The respondents shall place on record the directives issued by the Hon'ble Governor of Maharashtra from time to time and compliances thereof by the State.
13 The backwardness of the region so far as infrastructural matters, health sector, education and economic development is concerned, it is unrefutable that the backwardness is mostly in Marathwada region. The Government of India appointed a Committee under the Chairmanship of Mr. E.A.S. Sarma to identify 100 poorest districts and the Committee has identified 10 districts in Maharashtra out of which entire 8 districts of Marathwada were identified as poorest districts in India. The Human Development Index (HDI) of Marathwada region as per the report of 2002 provides that all the 8 districts of Marathwada Region have HDI values below the State average of 0.58. The Economic Survey of Maharashtra 2009-10 provided that ::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 02:15:48 ::: {9} swp1-17.odt out of 8 districts in Marathwada, 4 districts have shown negative growth rate in their per capita income between 2007-08 and 2008- 09 and those districts are (i) Latur (-2.19%) (ii) Osmanabad (- 2.56%) (iii) Jalna (-17.8%) and (iv) Hingoli (-3.3%).
14 The petition records in detail the statistics relating to financial backlog as well as refers to Human Development report in reference to Marathwada region. The districts those have moved down in Human Development Index are Osmanabad and Latur in Marathwada region whereas Jalna, Hingoli and Nanded remained in low Human Development quartile despite showing improvement values over 2001 to 2011.
15 The report of the Kelkar Committee also highlights the regional inequalities in reference to Marathwada region. As per Kelkar Committee report, the districts which need focus and speedy attention are six districts from Aurangabad division which are at bottom 10 in Human Development Index. Out of Bottom 10 Districts in Per Capita Value Addition PCVA), 5 districts are from Aurangabad division. Out of 16 districts having rainfall less than 50 cm, 5 districts are from Aurangabad division. There are 7 worst hit districts out of which 4 are from Marathwada and those are Jalna, Beed, Osmanabad and Hingoli, which are present in bottom 10 list of Bottom 10 Districts in HDI and Per Capita Value Addition.
16 As has been recorded above, in Aurangabad administrative division, there is highest proportion of rural population of 73% and which is placed at bottom of the table of Per Capita Value Addition. So far as application of parameters of ::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 02:15:48 ::: {10} swp1-17.odt region status of commuting and health infrastructure in Marathwada is concerned, it is in red zone in 5 resources. Out of 11 districts which are in red zone for Density of village roads, 4 are from Marathwada. Out of 11 districts which are in red zone for density of total roads, 3 are from Marathwada. Out of 11 districts which are in red zone for Density of Railways, 5 are from Marathwada.
17 So far as health indicator in rural area is concerned, the infrastructural provision in rural areas is quite poor and the rural areas in Marathwada zone are, in infant Mortality Rate. So far as educational backwardness referred to in Kelkar Committee's report is concerned, 8 districts of Marathwada are in red zone.
18 In view of the factual data, as has been highlighted above, as well as considering the details those are recorded in the petition, we call upon the respondents to answer the contentions raised in the petition and more particularly, respond to the points for consideration recorded in paragraph V (page 92) of the petition. In our opinion, information recorded in paragraphs 1 to 11 of the prayer clause (q), which are quoted below, shall be furnished on the next date.
1 Number of roads sanctioned under MREGS in Marathwada and status of the works completed and pending.
2 Status of completion of roads under Government Resolution dated 01.10.2016, annexed ::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 02:15:48 ::: {11} swp1-17.odt at Exh.-X. 3 Status of road connectivity of villages/wasti with population of less than 500.
4 Status of road connectivity of villages/wasti with population of less than 1000.
5 Status of works under PMGSY & CMGSY to provide all-weather road connectivity to the unconnected habitations in the rural areas with a population of 500 & above (250 & above for tribal areas), in Marathwada, Vidarbha and Rest of Maharashtra.
6 Accessibility to medical facility and health services i.e. Primary Health Care Centre and Sub- Centre to the regions with the population of less than 500 and availability of doctors.
7 To prepare a need based list of the rural areas in Maharashtra and allocations necessary for them.
8 Information as regards to funds allocation for constructing roads in rural areas and budgetary provisions made in that regard.
9 Information as regards the expenditure incurred and budgetary provisions made in respect ::: Uploaded on - 30/10/2018 ::: Downloaded on - 02/11/2018 02:15:48 ::: {12} swp1-17.odt of constructing roads in rural areas in Marathwada as well as other regions.
10 Backlog in respect of road connectivity in Marathwada region in both Rural and Urban areas after establishment of Statutory Development Corporation.
11 How the State Government proposes to meet inequalities and remove the backlog.
It is directed to pay a sum of Rs.10,000/- (Rs. Ten Thousand), at present, to the advocate appointed, towards expenses incurred for preparing the matter.
Place the matter for consideration on 11th December, 2018.
SMT. VIBHA KANKANWADI R.M.BORDE
JUDGE JUDGE
adb/
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