MANDYA ZILLA RAITHARA Vs. GOVERNMENT OF KARNATKA

JUDGEMENT

(1.) Mandya Jilla Raithara Hithrakshana Samithi represented by its President and 15 others have filed these PIL petitions. It is alleged that the first petitioner is a registered organization and 2nd petitioner is the President and other petitioners are the office bearers of the first petitioner. It is alleged that to safeguard the interest of Varuna Canal, VC Modernization Scheme is projected by the Government. Government Order was issued on 27.3.1979 and administrative approval was given on 23.4.1979. The revised estimate of modernization scheme for K.R.S. Project Phase-I was approved by the Government on 6.8.1987.

(2.) The main grievance of the petitioners is that the estimate prepared were abnormally exorbitant and the respondents have committed financial irregularities and violated departmental Rules by allotting piece works to a number of benami contractors, committing irregularities in payments and purchases made by the department and by way of which respondent No.3 acquired wealth beyond claimed sources. It is also contended that the farmers could not get the actual water benefit. Hence the petitioners have filed this petition seeking number of directions against the respondents. It is prayed to issue mandamus to the C.B.I. to investigate the contractual works undertaken and given by the State to various contractors and to conduct enquiry into the 12th respondent obtaining Rs.60 crores contract work of VC modernization scheme and also to investigate the assets possessed by 3rd, 16th and 17th respondents, to issue direction to the Comptroller and Auditor General of India to conduct special audit in respect of 152 crores expenditure; a direction to the 10th respondent to investigate the irregularities in purchase of medicines by Animal Husbandry and Veterniary Service Department; a direction to the 11th respondent to conduct enquiry into the tax evasion and unaccountability of the assets held by 3rd respondents to hold enquiry into the unauthorized and illegal felling of trees all along VC canal. The petitioners have also sought for interim prayer.

(3.) The learned Government Advocate has filed a detailed para wise statement of objections denying the allegations as made in the writ petitions. It is stated that details regarding total payments made against each contract based on records and registers maintained in respective Division has already been submitted to this Honble Court. It is also stated that estimates were prepared on the basis of prevailing rules and rates and construction has been carried out as per technical advice. It is further stated that the enquiry headed by retired District Judge Sri K.Eshwar Bhat, found no substance in the alleged complaints regarding irregularities in the transaction of the works entrusted to KSCC. It is also stated that the works entrusted by KSCC to piece workers/contractors was as per the norms and within the powers of Managing Director.