Municipality Can't Simply Deny Allegations Of Failure To Use State Grant, Should Give Details: Gujarat High Court

The Gujarat High Court has directed the State to decide the representation of Samajwadi Party MLA Kandhal Jadeja, who alleged non-completion of work for which a grant was given to Kutiyana Nagarpalika claiming that while money was given for development of public utilities on a land it now appeared as garbage land in photographs. 

In doing so the court also noted that Nagarpalika in its affidavit "simply" denied Jadeja's allegations and did not give any details to answer the same, adding that it should have given details on the utilization of the grant. 

Justice Mauna M Bhatt in her order noted, "From the representation dated 06.10.2023 Annexure-A (Page No.21) it is noticed that there are allegations about non-completion of work for which the grant was given and to be utilized by Nagarpalika. It appears that the Government has given grant for the development of Anganwadis, Crematorium, Garden etc. and other facilities in nature of public utility. Further, from the photographs on record at Annexure-I (Page No. 94 and 95) it appears that the land shown is like garbage land. Moreover, in the affidavit filed by respondent No. 4 – Nagarpalika, allegations made are not met with by providing any details except denial. The Nagarpalika in the affidavit ought to have provided details of grant utilized. This Court is conscious about the prayer made and would not like to widen the scope of the present petition, however, noticing the simple denial made in the affidavit without any details, respondent No. 1 is directed to decide the representation of the petitioner". 

The court said that if required respondent no. 1 State of Gujarat may call for the records and details from respondent no.-4 Nagarpalika. The court however clarified that it has not gone into the merits of the matter and it is open for the authority to decide the representation in accordance with law. 

Jadeja–sitting member MLA elected from 84 Kutiyana – Ranavav constituency District Porbandar–had moved the high court after coming to know about the discrepancy in relation to administration of the Nagarpalika for utilization of grant, given for public utility purposes by the State. He had also made a representation to the concerned authority.

He argued that State Government under various schemes to develop Kutiyana Nagarpalika disbursed certain grant for establishing 18 Anganwadis, making compound wall, platform along with God's Statue, Office Room and renovation of Crematorium along with construction of two public park/gardens etc. 

Though grant was given for specific purpose, it was found that the same is not utilized for the given purpose and therefore, the petitioner filed various RTI applications before the Chief Officer, Kutiyana Nagarpalika seeking certain information about the work done in last 20 years in relation to his constituency for development of Anganwadis, Crematorium, Public Park etc. However, the details as called for were not provided. Further, the land which was allotted for development of garden is used as a garbage land; Crematorium has not been developed; the administration of Anganwadis is given to various private persons.

He thereafter made a representation to Commissioner, Municipal Administration and Regional Commissioner respectively under the provisions of Section 262 of the Gujarat Municipalities Act; as the same were not decided, he moved the high court. 

The State's counsel said that the scope of Jadeja's petition is very limited since  he has brought alleged discrepancies to the knowledge of  Commissioner of Municipalities. He said that action in accordance with law will be taken and for that no directions are required. Meanwhile the counsel for Kutiyana Nagarpalika relied upon the affidavit filed by the municipality. 

The court thereafter disposed of the plea. 

Case title: KANDHAL SARMANBHAI JADEJA Versus STATE OF GUJARAT & ORS

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