R.SAOTHE Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-5-8
HIGH COURT OF MANIPUR
Decided on May 30,2019

R.Saothe Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

R.S.,CJ. - (1.) Prayers in the PIL read as follows:- "i) Admit this humble PIL and issue Rule Nisi the respondents. ii) to quash and set aside the fictitious work orders dated 04-06-2015 and 18-06-2014 at Annexure/ 5 as null and void. iii) to issue writ of mandamus/certiorari thereby directing the concern authority to recal the payment of works already made for the construction of fictitious workd orders; iv) to call for a detail reports of the work v) to direct the authority concern to start construction of the road connection Ngamju and Oinam Laila Village forthwith in the interest of Public and also for the ends of justice. vi) to book the responsible persons for defrauding the welfare schemes taken up by the authority in public interest. In the Interim: vii) to stay or otherwise stop further construction of works now being taken up under the fictitious work orders dated 04-06-2015 and 18-06-2015 forthwith in the interest of public; viii) to pass such other order or direction which the Hon'ble High Court may deem fit, and proper for the ends of justice and of equity."
(2.) Notice was issued on 13.2.2017 and thereafter, the matter has been adjourned from time to time and interim orders were passed. On 07.6.2018, the following order which reads as follows: "07.06.2018 The issue raised in this PIL is relating to laying of roads under the Manipur State Rural Roads Development Agency/Rural Engineering Department MSRRDA/RED), Govt. of Manipur. It is funded by the Central Government namely, Ministry of Rural Development Govt. of India. The Chief Engineer, RED/MSRRDA has forwarded a proposal for PMGSY Ph-XI(Batch-III, 2017-18) by communication No.5/16/2017-MSRRDA/Ph-XI(B- III, 2017-18) 920 (dated 26.03.2018. This proposal is yet to be approved by the Ministry of Rural Development Govt. of India. Before considering that we would like to hear the competent engineer who has submitted the proposal dated 26.03.2018 in relation to the percentage of roads and the number of bridges. The Chief Engineer's proposal dated 26.03 2018, is faulted by the petitioner stating that large numbers of rural roads have not been properly laid for numbers of years. Importance should be given to laying of more rural roads and thereafter bridges. It is stated by the petitioner that the bridges wherever is essential can be constructed and the rest can be created in the next phase. In order to examine this proposal we are inclined to direct the competent officer as suggested by Mr. M. Hemchandra, learned senior counsel for the respondent No.3 to appear before this Court on 13.06.2018. Mr. M. Hemchandra, however, states that the proposal dated 26.03.2018 is based on assessment by the officer concerned getting in puts from the rural areas. This contention will be examined on the next date hearing. In the meanwhile, in order to ensure that the funding in respect of rural roads are promptly released after approval by the Central Government, we are inclined to implead the Director (Technical) National Rural Roads Development Agency (Ministry of Rural Development, Govt. of India) 5th Floor, 15-NBCC Tower, Bhikaji Cama Place, New Delhi-110066 as respondent No.4 Notice is issued through Court to the newly impeaded respondent No.4. In the meanwhile, Mr. S. Suresh, learned ASG takes notice on behalf of the newly impleaded respondent No.4 as abundant caution. In so far as road between Oinam Laila village to Ngamju Part-I and Oinam Laila village to Ngamju Part Il road construction is concerned, Mr. Hemchandra, senior counsel states that the proposal has been placed before the newly added respondent and the orders are awaited. List the matter on 13.07.2018. Copy of this order be furnished to Mr. M. Hemchandra, learned senior counsel for respondent No .3 as well as Mr. S. Suresh, learned counsel for newly respondent No.4."
(3.) Thereafter, a subsequent order was passed on 12.9.2018 and another order was passed on 23.01.2018 and the last order was passed on 7.3.2018.;


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