RD. NGAMDAR Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-9-5
HIGH COURT OF MANIPUR
Decided on September 24,2019

Rd. Ngamdar Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

M.V.MURALIDARAN,J. - (1.) Heard Mr. M.Hemchandra, learned senior counsel for the petitioners. Also heard Ms. Momota Devi, learned Addl. Advocate General for the State respondents No.1, 2 and 4 and Mr. R.K.Deepak, learned counsel for the for the respondent No.3. Also heard Mr. S.Suresh, learned CGC appearing for the Union respondent No.5.
(2.) The prayers in this PIL are as follows:- "iii) To issue a writ in the nature of Mandamus/ Certiorari or any other appropriate writ/ directions/ orders, directing the respondent to implement the Border Area Development Programme (BADP) strictly as per BADP guidelines in all the border block(s) of Manipur State, more particularly, under Chandel District (Manipur) in view of the facts and circumstances of the present petition. iv) To issue a writ in the nature of Mandamus/ Certiorari or any other appropriate writ/ directions/ orders, directing the respondent cause an enquiry by an independent agency like CBI or any other independent agency or by a commission duly constituted for the purpose, in view of the facts and circumstances of the present petition. v) To issue a writ in the nature of Mandamus/ Certiorari or any other appropriate writ/ directions/ orders, directing the respondent to recover the amounts already sanctioned/utilized for the purpose under BADP from the stakeholders for their act of misappropriation public money and financial embezzlement, in view of the facts and circumstances of the present petition."
(3.) The petitioners claim to be social workers hailing from villages covered under Border Area Development Programme (BADP), based on a border management policy issued by the Government of India. The petitioners have referred to Border Area Development Programme (BADP) in several paragraphs of the petition but the actual programme has not been enclosed. On the contrary, the respondent No.4, in their reply affidavit dated 7.3.2019 have filed the Border Area Development Programme (BADP), Modified Guidelines, June, 2015 , Annexure-A/1, pages No. 18 to 39. The object of Border Area Development Programme (BADP) is to meet the special developmental needs and well being of the people living in remote and inaccessible areas situated near the international border and to saturate the border areas with the essential infrastructure through convergence of Central/State/BADP/Local schemes in a participatory approach. Border Area Development Programme (BADP) is 100% centrally funded programme. It covers villages which are located within the 0-10 Km of the International Border and further extent thereafter. It appears (approx) 381 blocks relatable to 106 border districts of 17 states, namely, Arunachal Pradesh, Assam, Bihar, Gujarat, Himachal Pradesh, Jammu & Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Punjab, Rajasthan, Sikkim, Tripura, Uttar Pradesh, Uttarakhand and West Bengal are covered under the scheme. The villages that would require central funding under the Border Area Development Programme (BADP) will be identified by the Border Guarding Forces (BGF) and will be known as strategic villages. It is stated that only after saturation of 0-10 km villages of the international borders, the State Government should take the next set of village within 0-20 Kms and thereafter, it may proceeded further.;


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