NANDKISHOR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, Four Corporators of Respondent No. 5 - Municipal Corporation seek a direction to quash and set aside the order of Respondent No. 2 - the Hon'ble the Chief Minister, State of Maharashtra and consequential orders / steps in pursuance thereto. They submit that amount of Rs.25 crores released to Respondent No. 5 - Municipal Corporation must be permitted to be used by Respondent No. 5 - Municipal Corporation in its discretion as per law. Respondent No. 5 is a Body Corporate constituted under Maharashtra Municipal Corporation's Act,1949 (hereinafter referred to as the Act). It has filed reply dated 18.12.2013 in support of the petitioners. This Court has on 24.07.2013 restrained Respondent No. 5 - Municipal Corporation from parting with funds which it has received. That order continues to operate even today. In this situation, with the consent of the parties, writ petition is heard finally by issuing Rule and making it returnable forthwith.

(2.) Respondent No. 1 - State Government has released grants of Rs.2,50,00,000/ as per Government Resolution dated 06.04.2013 to enable Municipal Corporation to provide elementary facilities and developments in municipal area. This is because of abolition of octroi and introduction of Local Body Tax (LBT). The said grant casts an obligation to contribute equal amount on Respondent No. 5.

(3.) Respondent No. 3 is a Member of Legislative Assembly (MLA) in Maharashtra, elected from Badnera Constituency. Respondent No. 5 has got jurisdiction over two Legislative Assembly Constituencies viz., Amravati and Badnera. Respondent No. 3 on 23.05.2013 sent a communication to Respondent No. 2 - Chief Minister and stated that out of grants of Rs.25 crores, 12.5 crores needed to be spent in his constituency viz., Badnera Constituency and hence direction should be issued to Respondent No. 4 - Divisional Commissioner for said purpose. He also requested that implementing Agency should be changed and work should be handed over to Public Works Department (PWD), Amravati, as works earlier done by PWD are satisfactory and Amravati Municipal Corporation did not complete its development works as expected & to match required standards. He, therefore, requested Chief Minister to direct Respondent No. 1 to issue an order to Respondent No. 4 to use Rs.12.5 crores for development activities through PWD in Badnera constituency. He also included list of 196 works on which the funds he proposed said funds to be spent. Respondent No. 2 - Chief Minister has on 03.06.2013 put a remark to include said works and to nominate PWD as agency. This has been then implemented by Respondent No. 1 by issuing a communication dated 08.07.2013 to Respondents No. 4 & 5. The said communication directs both these authorities to see that Municipal Corporation contributes its due share of 50%.