Madhya Pradesh High Court
Kishore Samrite vs Chief Secretary The State Of Madhya ... on 14 July, 2014
W.P. No.9681/09
14/07/14
Smt. Shobha Menon, Senior Advocate with Shri C.A.
Thomas, Advocate for the petitioner.
Shri Kumaresh Pathak, Dy.A.G. for the respondents-State.
I.A. No.1730/2012
In spite of repeated opportunities since January, 2012 to respond to this application, respondents have not chosen to file reply thereto.
The case made out in this application on affidavit is that although Authorities claim that 233 homes have been constructed for Baiga Tribals in District Balaghat and have shown expenditure in the Books of Accounts in that behalf, in fact no such construction has been done on the site.
This factual position has remained un-controverted since January, 2012. In the backdrop of this assertion, the applicant has sought direction from this Court to appoint Commission to ascertain the factual position and obtain first hand information about the living conditions of Baiga Tribals in Balaghat district, as also to ascertain whether the Government has fulfilled its obligation under the scheme of providing homes to Baiga Tribals in the concerned area.
We are left with no other option but to accept the prayer made by the applicant. If the applicant is right that no construction at all has been done, whereas the official record mentions that 233 homes have been constructed in the area, then it is a serious matter.
We, therefore, direct the District Judge, Balaghat to nominate any Additional District Judge in District Balaghat to enquire into the aforesaid facts and submit report in that behalf in a sealed cover to this Court. The enquiry be done within one week from the receipt of copy of this order.
The petitioner can also participate in the said enquiry to be undertaken by the Commissioner by furnishing documents/information, as may be available with the petitioner, which can be made part of the report to be submitted to the Court.
We make it clear that video clippings (soft copy) can be made part of the report in support of the findings.
Awaiting Commissioner's report, we defer the hearing of this matter till 7/8/2014.
We direct the Collector, Balaghat to provide complete logistical support to the Commissioner appointed in terms of this order as may be demanded by the Commissioner, for completing the enquiry within the specified time and to facilitate submission of report in sealed cover.
Copy of this order be forwarded to the Collector, Balaghat, as well as, the Chief Secretary, Government of Madhya Pradesh, for information and necessary action by Fax/E-mail forthwith.
Application (I.A. No.1730/12) is disposed of, accordingly. C.C. as per rules.
(A.M.Khanwilkar) (Alok Aradhe)
Chief Justice Judge
(and)