MAMTA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondents to pay the due amount for the part work executed by the petitioner and further to allow her to complete the allotted work as well as to pay compensation for the harassment, mental agony and delayed payment.

(2.) According to the petitioner, she runs a self-help group in Village-Shyamsingh Nawadih, Panchayat- Dharampur and was awarded the work for construction of Anganbari Centre in the aforesaid village. It was resolved in the Panchayat meeting held on 15/3/2017, that the Anganbari Centre in the said village would be constructed over Plot No. 1238 of Khata No. 45, measuring an area of 9.43 acres. The sanction order for the said project was issued by the respondent no. 3 .. the Block Development Officer, Jamua, Giridih and the Block Programme Officer, Jamua, Giridih vide memo no. 954 dtd. 24/3/2017. The petitioner with the help of one Manish Kumar Verma executed more than 40% of the said work, the physical verification of which was done by the Junior Engineer, who duly entered the work done in measurement book no. 69 with valuation thereof. However, the payment for said part of construction work was not made to the petitioner and under such compelling circumstance, she stopped the construction work. The respondent no. 3, vide letter no. 2438 dtd. 6/10/2018 informed the respondent no. 2 .. the Deputy Commissioner, Giridih that the inspection of the construction work of said Anganbari Centre was carried out by the Block Programme Officer, Jamua, Giridih, who reported that no construction work was done at the sanctioned plot. The said report was based on the report dtd. 6/10/2018 of Sri Basant Kumar, in-charge Panchayat Sachiv. The petitioner raised objection against the said report and presented the earlier orders of respondent no. 3 as well as the resolution of the panchayat. Thereafter, the respondent no. 3, vide letter no. 2794 dtd. 29/11/2018 intimated the respondent no. 2 that enquiry report with respect to the construction work of the Anganbari Centre was handed over to the Circle Officer, Jamua and payment would be possible only after completion of the enquiry. It was also mentioned in the said letter that the Anganbari Centre was being constructed at a place other than that mentioned in the sanctioned order. Another report was submitted by respondent no. 3 to respondent no. 2 vide letter no. 822 dtd. 23/4/2019 stating that Block Panchayati Raj Officer had reported that construction of the Anganbari Centre was not being made at Plot No. 1238, Khata No. 45 as per sanctioned order, rather was being made elsewhere. It was further stated in the said letter that the payment order would be issued only after receiving the enquiry report regarding construction of Anganbari Centre at the sanctioned plot. Another report was submitted by the respondent no. 3 to the respondent no. 2 vide letter no. 922 dtd. 27/5/2019 stating that since the construction of the Anganbari Centre was not being made at the allotted plot, the payment of the same could not be made. The said report was based on a report dtd. 27/5/2019 sent by the Block Programme Officer, Jamua, Giridih which itself was based on the report of In-charge Circle Amin, Jamua Circle. One more report was sent by the respondent no. 3 to the respondent no. 2 vide letter no. 1466 dtd. 9/8/2019 stating that since construction was not made at the allotted plot, it was not possible to make payment for the same. The respondents have never stated as to on which plot the construction work was being carried out by the petitioner. As a pre-condition of the allotment order, the construction of the Anganbari Centre was to be monitored by the respondents and there was no question of making said construction at any other place than the allotted plot.

(3.) On the contrary, the learned counsel for the respondents submits that the land under Khata No. 45, Plot No. 1238, measuring an area of 9.43 acres has been recorded in survey Khatian as Gairmajarua Khas land and vide administrative approval/sanction order dtd. 24/3/2017, the petitioner was directed to make construction of Anganbari Centre at Village - Shyamsingh Nawadih of Dharampur Panchayat. In such circumstance, it was the duty of the petitioner to follow the said direction, however, on lodging of complaint by the petitioner vide Mukhyamantri Jan Samvad Kendra Complaint No. 2018-32305, the matter was enquired through Circle Amin, who measured the land and submitted the report that the Anganbari Centre was not being constructed over sanctioned Plot No. 1238, rather the petitioner was constructing the Anganbari Centre on portion of the land appertaining to raiyati Khata No. 4, Plot No. 1301, which was in complete violation of the official order. Accordingly, the respondent no. 3 issued letter no. 1466 dtd. 9/8/2019 to the respondent no. 2 intimating that the petitioner did not follow the official order and thus it was not possible to make payment for the said construction.