SHRI. GAUTAM BABURAO MASKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Two citizens from Beed have filed the present Public Interest Litigation impugning the communication dated 11th April, 2016, whereby the Under Secretary to the State of Maharashtra has directed the Collector, Beed to transfer the funds allocated to Municipal Council, Beed for implementing the construction work of roads and drainages in the extended areas of Municipal Council, Beed, under the Scheme sponsored in that regard by the State Government, to the Public Works Department and to get the said works executed from the said Department.

(2.) This court on 26th Oct., 2016 has passed an order restraining the Collector, Beed from parting with the funds, which he has received. That order continues to operate even today.

(3.) The State Government, vide its Resolution dated 27th June, 2012 had resolved to provide financial assistance to the Municipal Corporations and Municipal Councils, of which the territorial limits are extended, to enable them to carry out the public utility works like construction of road, drainages etc. in the said extended areas. As provided in the said Government Resolution, for carrying out such works, the Municipal Councils are required to make provision to the extent of 10% of the estimated cost of the works to be carried out, by way of their own contribution and the remaining 90% amount of the estimated cost is to be shared by the State Government by making the grants available to that extent to the concerned Municipal Councils.