Development of Basic Amenities in Municipal Areas – Policy decision to give State subsidy – Change of legislative constituency from one to another for execution of such works – Illegal
The legal principle “equality is antithetic to arbitrariness and equality and arbitrariness are sworn enemies; one belongs to rule of law in a republic while the other to the whim and caprice to an absolute monarch” should govern all State actions.
By the Government Resolution dated 4.10.2022, the State Government sanctioned funds of Rs.5 crores for 24 works with 100% funds in Kasba Legislative Constituency of Pune and the works to be executed by PMC.
By the Government Resolution dated 20.12.2022, the earlier GR was amended and it was provided that the said works will be by PWD in place of PMC.
By the Government Resolution dated 27.7.2023, it was provided that if work orders in respect of the GR dated 20.12.2022 were not issued, the sanction order to such works shall stand cancelled and in place of those works, the works mentioned in the GR dated 27.7.2023 shall be executed.
The GR dated 27.7.2023 did not contain any works from Kasba Legislative Assembly and all works sanctioned to be executed were from Parvati Constituency.
By the Government Resolution dated 22.8.2023, the earlier GR Dated 4.10.2022 was superseded, the works covered by said GR were cancelled and new 50 works shall be executed. Thus, all 24 works in Kasba constituency covered by GR dated 4.10.2022 were substituted by 50 works of Shivajinagar Constituency.
HELD The only visible reason for cancellation of earlier works in one legislative constituency or change of constituency was non-commencement of works. Such cancellation leads to depriving the residents of a particular municipality of the public amenities and for the non-commencement of the works by the executing agency, the residents cannot be penalised. The State Government has not given any plausible reason for the impugned Resolutions.
Judgment dated 22.3.2024 in PIL No.7 of 2024 of Ravindra Hemraj Dhangekar Vs. District Collector, Pune and others.
