Patna High Court - Orders
Kaushal Kaushik vs The State Of Bihar & Ors on 23 March, 2017
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 17462 of 2016
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Kaushal Kaushik, Son of Late Jagdish Prasad Resident of Village-
Nisarpura, P.O.- Amarpura, P.S.- Naubatpur, District- Patna, Presently
Chief Councilor, Nagar Panchayat, Naubatpur, P.O. and P.S.- Naubatpur,
District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar,
Patna.
2. The Principal Secretary, Urban Development and Housing Department,
Government of Bihar, Patna.
3. The Under Secretary, Urban Development and Housing Department,
Government of Bihar, Patna.
4. The Special Secretary, Urban Development and Housing Department,
Government of Bihar, Patna.
5. The Executive Officer, Nagar Panchayat, Naubatpur, P.O. and P.S.
Naubatpur, District- Patna.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S. B. K. Mangalam, Advocate
For the State : Mr. Rajiv Roy, A.C. to G.P. 1
For the Respondent No. 5 : Mr. Gopal Govind Mishra,
Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
11 23-03-2017Learned counsel for the parties have assisted the Court.
2. The reason the Court is devoting extra time in the present case and on the previous occasion, the Principal Secretary, Urban Development and Housing Department was also called, was for ensuring clarity in the administrative and financial powers of the Local Self Bodies in relation to sanctioning and execution of schemes. Though there has been some clarification by the State relating to the discretion of the Local Self Bodies in Patna High Court CWJC No.17462 of 2016 (11) dt.23-03-2017 2/3 deciding/sanctioning of schemes but with regard to the execution of such schemes, there is no clear cut guideline so as to give any indication to the Court that the constitutional framework of actual devolution of power is being followed. In this context, the Court may only observe that there cannot be effective devolution of power without there being financial independence of the Local Self Bodies, which necessarily includes having an effective say in the way the finances are being utilised and control thereon.
3. In view of the aforesaid, let an affidavit be filed by the Principal Secretary, Urban Development and Housing Department in the aforementioned terms detailing the scheme of things, which according to the Government is the proper and correct mode of working of the Local Self Bodies. Such affidavit shall clearly explain the power conferred on such Bodies, both on the administrative side as well as the financial side, and also the mode how such power is to be exercised at the grassroot level as well as the actual power confered to the Local Self Bodies with regard to ensuring that the money spent on any project/scheme is rightly spent as also their control and power to intervene if it comes to their knowledge that the funds are being mis-utilized or the work is not being done in accordance with the required norms.
4. Accordingly, as prayed for by learned counsel for Patna High Court CWJC No.17462 of 2016 (11) dt.23-03-2017 3/3 the State, the matter be listed on 18th April, 2017.
5. Without digressing from the main focus of the writ petition, as attention of the Court has been drawn to the fact that in the year 2011 itself about Rs. 1 crore has been sanctioned for construction of overhead tank in the Nagar Panchayat and money having been transferred for such purpose in the year 2012, the work which was required to be completed within one year, still not being complete, learned counsel for the State shall also take instructions in this regard, as the Court feels that the issue relating to availability of water to the citizens, especially since the summer season has set in, the matter has acquired urgency.
(Ahsanuddin Amanullah, J.) P. Kumar U