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Showing contexts for: article 243g in Suresh Chandra Sahu vs State Of Odisha & Others ... Opposite ... on 13 February, 2019Matching Fragments
in-aid to be sanctioned and would be submitted by the executive agency to the DUDA and counter signing Officer would be the additional District Magistrate and Project Director of the concerned DUDA. It is, in the process of creation of DUDA, governing body of the DUDA consisting members including Chairman of the Urban Local Bodies of the concerned urban area, has been constituted. In a further resolution of the State Government dated 15.11.2014 there has been reintroduction of governing body of the DUDA taking therein the Municipal Commissioner/ Executive Officer of the Urban Local Bodies and the general body of the DUDA shall include all the members of the governing body and the MLAs / MPs having urban areas within the constituency and Mayors/Chairperson of the Urban Local Bodies. While the matter stood thus, keeping in view the grants coming from the Union of India, Government of Odisha brought a scheme called as "UNNATI" under the Urban Infrastructure Development Initiative involving the Housing and Urban Development Department, Government of Odisha with introduction of the scheme on 3rd of August, 2017 upon receipt of approval of the proposal of the Odisha Legislative Assembly on 31.03.2017 and on obtaining the concurrence from the Finance Department with an aim and object to ensure convergence of all the schemes and programmes implemented in the Urban Areas with further aim to fill the critical gaps in the infrastructure as well as maintenance and funding with a further view to ensure that the benefits of the schemes reaches the people cutting across all the regions of the State and all section of the society in a speedy and sustainable manner giving the working with a guidelines to treat the DUDA as a nodal agency for 'UNNATI' scheme with assignment of release of funds with DUDA for each Urban Local Body fixing responsibility of monitoring and evaluation of the progress or projects after commencement of DUDA. It is suffice to mention here that in none of the writ petitions involve there is any challenge to introduction of such scheme with fixation of the responsibility on DUDA functioning over several years. From the entire pleadings involving the writ petitions involved herein, this Court also finds, there is no allegation involving malfunctioning or arbitrary release of funds by the DUDA. It is at this stage of the matter, this Court further finds, for proper implementation of the 'UNNATI' scheme, Government of Odisha in Housing and Urban Development Department issued a guideline to the Collector and District Magistrate on 10.10.2017 in the matter of release and utilization of the grants under 'UNNATI' programme by the Urban Local Bodies of the State. It is reiterated here that the Annexure-1 is simply a guideline to the Collector and District Magistrate in the matter of release and utilization of the Grants under 'UNNATI' programme. Reading of the brief vide W.P(C) No.25656 of 2017 this Court, observes, the whole endeavour of the petitioner is to challenge the guidelines, keeping in view the constitutional provision under Article 243G, 243 Q, 243 R, 243 U, 243 ZA and 243 W reading with 12th Schedule dealing with powers and duties vested upon the Urban Local Bodies and further, the provisions at part IX-A of the Constitution (74th amendment) Act, 1992 dealing with composition of election of the Municipalities as well as the powers with the authorities and responsibility vested upon them. Whole reading of the writ petition, it appears to be an accusation against the State Government to the extent that by issuing the guideline, vide Annexure-1 the State Government attempted to curtail the powers of the Urban Local Bodies in the matter of their powers and responsibilities vested under the Constitutional authority but bereft of any foundation.