Case Note & Summary
The case involved a Public Interest Litigation filed by Nirbhay Foundation through Manoj S. Pingle, seeking accountability in the implementation of the central government assisted scheme 'Provision of Basic Services to the Urban Poor and Housing for the Urban Poor' under the Jawaharlal Nehru National Urban Renewal Mission (JNNURM) in Nashik Municipal Corporation area. The petition raised concerns about the execution of the contract for construction of houses under the scheme, sought an account of the monies spent, and prayed for action against officers responsible for delays in completing the project. The High Court, by an earlier order dated 23 August 2013, directed the Nashik Municipal Corporation to file an affidavit setting out a proper account of the monies received from the Central Government for the construction and the monies which had been expended, along with an explanation of how many houses had been constructed and how many had been handed over. In response, the City Engineer of the Municipal Corporation filed a comprehensive affidavit. The affidavit detailed that a consultant was appointed in 2006 to prepare a detailed project report, which was subsequently approved. The scheme aimed to construct 11,200 dwelling units, out of which 4,908 units had been completed and 2,060 were ready for occupation. The project cost was Rs.248.44 crores, with the Municipal Corporation having received Rs.119.97 crores from the Central Government. The delay was attributed to fierce opposition from local residents and land availability constraints that forced scaling down from an initial target of 16,000 units to 11,200 units, which was sanctioned by the Central Committee on 19 July 2012. The time for completion was extended until 31 March 2015. The affidavit further stated that the scheme was monitored by state level nodal agencies, third party inspection agencies, and a central sanctioning and monitoring committee. An audit had also been conducted by the office of the Accountant General. The court was assured that the 2,060 ready units would be handed over to beneficiaries before the end of January 2014. The Court, after considering the factual background, found that the scheme had adequate monitoring mechanisms at the central and state levels and that the utilization of funds was being scrutinized. It accepted the assurance given by the Municipal Corporation that possession would be handed over by January 2014. The Court disposed of the petition, observing that no further directions were necessary except that the monitoring committees should take due steps to ensure proper utilization of funds and submission of accounts. No order as to costs was passed.
Headnote
A) Constitutional Law - Public Interest Litigation - Exercise of High Court's Writ Jurisdiction Under Article 226 - Constitution of India, 1950, Article 226 - The petitioner sought compliance and accounting in implementation of JNNURM housing scheme in Nashik. The Municipal Corporation filed an affidavit detailing funds received and expended, progress of construction, and reasons for delay including local opposition. The scheme was already being monitored by central and state committees, and an audit by Accountant General had been conducted. The Corporation assured that 2,060 ready dwelling units would be handed over to beneficiaries by January 2014. Held, the petition was disposed of without further directions, with the expectation that the monitoring committees would ensure proper utilization of funds and submission of accounts. (Paras 1-7)
Issue of Consideration
Whether the High Court should continue to entertain the Public Interest Litigation seeking accountability and compliance in the implementation of the JNNURM housing scheme given the response filed by the Municipal Corporation and the existing monitoring by central and state committees
Final Decision
The Public Interest Litigation was disposed of. The court accepted the assurance that possession of 2,060 dwelling units would be given by January 2014, and directed the monitoring committees to ensure proper utilization of funds and submission of accounts. No order as to costs.
Law Points
- In PIL concerning implementation of central scheme with existing monitoring mechanisms
- court may accept assurances and not issue further directions
- need for proper utilization of funds and accountability
- monitoring committees to ensure proper accounting and expenditure
