RUSTAM ALI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2003-7-58
HIGH COURT OF JHARKHAND
Decided on July 22,2003

RUSTAM ALI Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD counsel for the petitioner, counsel for the Ranchi Regional Development Authority and counsel for the Ranchi Municipal Corporation.
(2.) THE grievance, in this writ petition, filed in public interest, relates to the developments and needs of a particular area of the Ranchi Town. According to the petitioner, various schemes can be taken up to improve the facilities available in that area. It was alleged that Ranchi Regional Development Authority was not taking up and completing various projects that have been proposed for the benefits of this area. A counter affidavit and an additional counter affidavit have been filed by the Ranchi Regional Development Authority submitting that out of the various works, six items of works were entrusted to the Ranchi Regional Development Authority has completed all those works. Of course, in a further rejoinder the petitioner has submitted that one of the works has not been fully completed. If that be so, we have no doubt that the Ranchi Regional Development Authority will complete that work also as expeditiously as possible. But, as we have noticed, the stand of the Ranchi Regional Development Authority is that that work has also been completed. Therefore, there is no occasion for issuing any further direction to the Ranchi Regional Development Authority regarding the works that have been entrusted to it. As far as Ranchi Municipal Corporation is concerned, in its counter affidavit in paragraph 16, the Corporation has submitted that all kinds of developmental activities are required for the whole of Ranchi Town, but, the Municipal Corporation is not in a position to undertake those works all at once since it does not have adequate funds it is submitted that the schemes are undertaken on priority basis. It is further submitted that if the Ranchi Municipal Corporation gets sufficient funds it will consider the schemes suggested by the petitioner in the writ petition concerning the area in question. In the light of this position adopted by the Municipal Corporation, we are not satisfied that any further formal directions are called for.
(3.) LEARNED counsel for the petitioner sought to argue that the funds to be used at the discretion of the Member of parliament and the Member of the State Legislative Assembly could be utilized for the purpose of improvement of the area in question. The stand of the Ranchi Regional Development Authority and Municipal Corporation is that they have not received any contribution from the funds of the Member of Parliament or the Member of the Legislative Assembly. Though the petitioner originally impleaded the Member of Parliament and the Member of Legislative Assembly, they were subsequently removed from the party array. Therefore, there is no question of issuing any direction to those representatives of the people in this case even assuming that this Court can control the spending of the funds made available to them in their capacity as Members of the Parliament or Legislative Assembly. That part of the submissions made on behalf of the petitioner are, therefore, rejected.;


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