BANSHILAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who is practicing law at Ujjain has filed this writ petition under Pro Bono Publico raising a grievance that the respondents were misusing the funds granted by the Union of India under the scheme known as "Jawahar Lal Nehru National Urban Renewal Mission" (herein after referred as "JNNURM") by operating the transport service outside the Ujjain city whereas the funding was only for the purpose of providing transport service for the city of Ujjain only, ie., by operating transport vehicle outside the urban area of Ujjain city. It is alleged that this action is malicious action and the local government and its officers in collusion have started the bus services by obtaining permit from Ujjain to Dewas, Ujjain to Shajapur, Ujjain to Makdon and other areas outside the city of Ujjain whereas, the respondent No.8 - Municipal Corporation is not authorised to use these funds except for city bus operations that too within the Corporation area of Ujjain.

(2.) According to the petitioner the State Government and the Ujjain Municipal Corporation has no authority to change and misuse the funds provided by the Union of India under the JNNURNM scheme beyond the urban area of Ujjain Municipal Corporation, Ujjain and prayed for issuance of writ of mandamus directing the respondents No.2 to 8 to improve urban area Ujjain and provide better public transport service within the urban area of Municipal Corporation under the JNNURNM scheme. He has also prayed for issuance of writ of prohibition, prohibiting the use of fund provided under the JNNURNM, beyond the territorial urban city of Ujjain city and direct the respondent No.7 not to grant permit to the respondent No.8 for the buses under the JNNURNM scheme beyond the territorial urban area of Ujjain city.

(3.) A preliminary objection has been raised by the respondent No.8 as to how the ply of bus services outside the city of Ujjain thereby connecting the Ujjain city from nearby area is detrimental to the public interest.