SHAKUN GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THEWRIT petition was filed with the following prayers: A. That the respondents may kindly be directed to make available the funds for the construction of the retaining wall as earliest as possible in time bond manner so that the life threatening situation faced by the people of the said area be avoided. B. That the respondent may kindly be directed to start the construction of the retaining wall in time bond manner at the site of damage i.e. Ward No. 11, below Hindu Ashram Road, Mohalla Govindgarh, Nahan.

(2.) ON 31st October, 2011, this Court passed the following order: ...The Executive Engineer, PWD, is present before us. It is submitted that as per the estimate now prepared a sum of Rs. 15,30,693/ -would be required for the construction of the retaining wall. The Deputy Commissioner, Sirmour, Ms. Mohanty who happened to be present before this Court in connection with another case submits that the maximum amount that can be sanctioned by the Deputy Commissioner in this case could be only rupees five lacs and the Municipal Committee will have to find out other sources for the balance amount. Learned Counsel for the Municipality submits that two weeks time may be granted to take up the matter with the Directorate. There will be a direction to the Director (Urban Development) to process the request received from the Municipal Committee, Nahan within another two weeks. Post on 5.12.2011. The action thus taken by the Director shall be reported to this Court before the next date....

(3.) LEARNED Counsel for the Municipal Council submits that funds already released are just sufficient for meeting the expenditure in connection with day -to -day administration of the municipality. It is made clear that in case after thus spending the amounts required for the construction of the retaining wall, in case there is any deficiency for the Municipal Council for meeting the day -to -day expenditure or for the projects already taken by the Council, to that extent, steps shall be taken for making up the deficiency.