Swarnrekha River Revival Project: Madhya Pradesh HC Says Synergy Between State And Gwalior Municipal Corporation 'Need Of The Hour'
In the case concerning revival of the Swarnrekha River, the Gwalior bench of Madhya Pradesh High Court has directed the city Municipal Corporation to requisition the Detailed Project Report–on laying down of sewer lines–sent for vetting to Maulana Azad National Institute of Technology, within a month so that the court can scrutinize it.
The court further emphasized that the concept of social audit enshrined in the Municipal Corporation Act is to be invoked in a cautious manner adding that it can be helpful to evolve schemes as per a city's requirement. The court also emphasized on the synergy between the State government and the Municipal Corporation in the present matter terming it as "need of the hour" and asked the counsels to exchange documents in advance so that instructions can be obtained in time.
During the hearing on November 26, division bench of Justice Anand Pathak and Justice Roopesh Chandra Varshney was informed by the amicus curiae that the Respondents, including the Gwalior municipal corporation needs to submit the Detailed Project Report(DPR) pertaining to the river and laying sewer lines since which has not been filed yet.
The respondent corporation informed that the DPR was prepared by the consultant appointed by the corporation but to get it vetted the report was sent to Maulana Azad National Institute of Technology (MANIT), Bhopal. It was submitted that though the report will be received soon however, "that no time limit has been prescribed".
The counsel for the parties raised apprehension regarding time limit. The high court thereafter directed, "Learned counsel for the respondent/Corporation is directed to facilitate early requisition of vetting report from MANIT, preferably within one month so that same can be placed before this Court for scrutiny".
The court then said that social audit as mentioned under the Municipal Corporation Act is to be invoked in a cautious way but can be used to sculpt schemes which are required for the locality.
“As per the provisions of Municipal Corporation Act, concept of social audit is discussed in Section 2(54), Section 130-B and Section 131-A of Municipal Corporation Act, 1956, however, it is to be invoked in a guarded and cautious manner but may be helpful to tailor made the schemes for the requirement of a city or a locality.Counsel for the respondent/Corporation is directed to do the needful by looking correspondence in this regard, MANIT is excepted to respond to it affirmatively while submitting report before preferably within one month," it said.
It further observed that the "synergy between State Government and Municipal Corporation in the present matter is the need of the hour".
"So is with the counsel appearing for the parties. They are required to exchange the documents much prior to the hearing so that both counsel may seek instructions prior to listing of the case," the bench said.
It said that the questions raised by the intervenor will be addressed on the next date of hearing which is scheduled for January 2, 2025.
Background
On February 6, the AAG had informed the court that Rs.1.5 crores have been sanctioned by the Government for plantation in 203 hectares of the area along the channel of Swarn Rekha River (200 meters on either side) from Noon Pickup Weir to Hanuman Bandh.
In a bid to preserve the river in Gwalior, the following issues are also pertinent as repeatedly held by the court: i) requirement of an additional Solid Waste Treatment Plant at Kedarpur in addition to the already existing two such plants, given that there are already accumulated garbage of over 6 years and everyday collection of 450 tones garbage from the local limits of Municipal Corporation Gwalior; (ii) the revised proposal (DPR) to Namami Gange for funds to install Sewage Treatment Plant; (iii) number of garbage collection vehicles available as against required vehicles and supporting staff for collection of garbage from households on day to day basis.
The Corporation had submitted last year that tenders had been floated for fencing the dedicated area of free flow of Swarn Rekha River on both sides to prevent the inflow of solid waste.
On various occasions, the court has censured the concerned state authorities for delaying the preparation of DPRs on various topics, hesitating to release funds and ignoring the directions issued.
Case title: Vishvajeet Ratoniya Vs The State Of Madhya Pradesh And Others
Case No: WP No. 19102 of 2019