SUBASH CHANDRA BISWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is a writ petition filed in the nature of public interest litigation by some of the residents of village Purusottampur under Bonth Block in the district of Bhadrak. The petitioners claim that they would be entitled to the benefits of the scheme floated by the Government of Odisha, Sports and Youth Services Department on 06.02.2013, which was for "construction of mini stadium at Block Level". The guidelines for the scheme had also been issued and, according to the petitioners, as per the said guidelines, the proposal for construction of mini stadium could be given by the local MP, MLA and District Collector. The funds for construction of the mini stadium would be from MPLAD or MLALAD. The criteria for sanction of the mini stadium would be "first come first served" principle.

(2.) The facts in brief are that after the scheme was promulgated by State Government on 06.02.2013, the first proposal was given on 23.07.2014 by the local MLA proposing for construction of mini stadium at Netaji playground at village Purusottampur under Bonth Block in the district of Bhadrak. The said application was submitted by the local MLA to the Collector, Bhadrak on the representation of the petitioners and other residents of village Purusottampur made on 05.07.2014. In response thereto, the Collector, Bhadrak recommended for construction of mini stadium at Netaji Playground on 13.08.2014. Then, instead of approving the proposal of the Collector, Bhadrak dated 13.08.2014, the State Government considered another proposal of the local MP dated 29.08.2014, wherein it was stated that the proposal of Tillo Athletic Association for upgradation of Hanuman Jew Playfield dated 01.12.2012 be considered as a proposal for construction of mini stadium. On the said recommendation of the local MP dated 29.08.2014, the Commissioner-cum-Secretary, Sports and Youth Services Department directed on 04.09.2014 to include the proposal in the scheme of Block Level mini stadium. The said letter of the local MP refers to the letter of the District Collector dated 01.12.2012, which was merely with regard to development of the existing playfield and not for construction of mini stadium. Then, by order dated 25.02.2015, the State Government has approved the construction of mini stadium at Hanuman Jew Playground in the same Block of Bonth in the district of Bhadrak. Pursuant thereto, on 10.03.2015, the Collector, Bhadrak issued a sanction letter in favour of construction of mini stadium at Hanuman Jew Playground. Aggrieved by the said orders dated 25.02.2015 and 10.03.2015, this writ petition has been filed.

(3.) We have heard Mr. A. Patnaik, learned counsel for the petitioners, as well as Mr. B. Bhuyan, learned Addl. Government Advocate appearing for the opposite parties and also Mr. S.B. Mohanty, learned counsel appearing for the intervenors/petitioners in W.P.(C) No. 7338 of 2015 and perused the records.