LAWS(CHH)-2017-3-71

PRADEEP UPADHYAY Vs. UNION OF INDIA

Decided On March 22, 2017
Pradeep Upadhyay Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This bunch of petitions relates to the complaint raised by different writ petitioners as to the modality in which the benefit of Jawaharlal National Urban Renewal Mission (for short 'JnNURM) is being utilized in the State of Chhattisgarh.

(2.) Having heard learned Sr. counsel and the learned Advocates on all sides and also the learned Assistant Solicitor General and the learned Additional Advocate General, we see that the issues sought to be raised are, by and large, matters relating to governance and effectuation of the Central Government policy put through JnNURM. This includes financing purchase of buses and ancillary infrastructure for urban transport systems.

(3.) In so far as the State of Chhattisgarh is concerned, for the purpose of JnNRUM, it is divided into 21 clusters which appear to reflect the 21 districts of this State. The guidelines for financing purchase of buses and ancillary infrastructure for urban transport systems under JnNURM were issued by the Ministry of Urban Development in July, 2013 by the Government of India through the Urban Transport Division under the Ministry of Urban Development. Those guidelines, amongst other things, constitute a State Level Steering Committee in terms of Clause 8 of those guidelines. The different sub clauses thereof enumerate Chairman and Members of that Committee. The Secretary, Urban Development of the State concerned would be the Member Secretary of that Committee. Clause 9 provides that the State Level Steering Committee would be assisted by a State Level Nodal Agency for implementation of the JnNURM scheme. The duties of the State Level Nodal Agency are enumerated in sub clauses 'a' to 'g' of Clause 9.1 of the guidelines. Going further down, we see that the guidelines also refer to the provisions which authorize the state level handling of different relevant matters.