Civic body cannot shirk duty citing financial crunch: HC
TNN | Updated: Oct 26, 2017, 23:30 IST
Jodhpur: Jodhpur Development Authority (JDA) is a body created under an Act with several powers and duties. It cannot shirk from its duties by citing financial crisis, especially, looking to the fact that the authority is having several sources to raise its income and to have adequate money for development and promotional works of the city and the area in periphery.
These comments were made by the high court on Thursday in presence of the Joint Secretary III (UDH) Jagjeet Singh Monga, while hearing a petition by Madho Singh Kachhawaha, ex-legislator, for the construction and maintenance of five major nullahs of the city for draining out the rain water from all the corners of the city and do away with the problem of water logging submerging many areas, specially the low-lying ones for days.
While the counsel appearing for the JDA submitted in the court that the JDA has been facing an acute financial crisis and was not able to bear the responsibility of the nullah work, the division bench comprising justice Govind Mathur and justice Vineet Kumar Mathur said that the JDA had declared its annual budget only few months back, wherein, several schemes have been notified and that clearly indicated that the authority was hopeful to have adequate money to implement its programmes.
In view of it, the court directed the JDA to begin construction and maintenance of Bahirav Nullah at the earliest by having 50% aid from the government and also initiate the steps for acquisition of the land, required for construction of two other major nullahs by paying compensation by its own resources without claiming any assistance from the government.
Expressing displeasure over the indifference of the state government on releasing the fund despite court's directions, the court again directed the government to release the 50% of the total amount of Rs 46.30 crores required by the JMC to begin work of two other major nullahs by November 10 and also directed the JMC to begin work with immediate effect on these nullahs on its own share without awaiting government to disburse its share of 50%.
The work of both these nullahs has been directed to be completed by February 1 next year under any condition.
These comments were made by the high court on Thursday in presence of the Joint Secretary III (UDH) Jagjeet Singh Monga, while hearing a petition by Madho Singh Kachhawaha, ex-legislator, for the construction and maintenance of five major nullahs of the city for draining out the rain water from all the corners of the city and do away with the problem of water logging submerging many areas, specially the low-lying ones for days.
While the counsel appearing for the JDA submitted in the court that the JDA has been facing an acute financial crisis and was not able to bear the responsibility of the nullah work, the division bench comprising justice Govind Mathur and justice Vineet Kumar Mathur said that the JDA had declared its annual budget only few months back, wherein, several schemes have been notified and that clearly indicated that the authority was hopeful to have adequate money to implement its programmes.
In view of it, the court directed the JDA to begin construction and maintenance of Bahirav Nullah at the earliest by having 50% aid from the government and also initiate the steps for acquisition of the land, required for construction of two other major nullahs by paying compensation by its own resources without claiming any assistance from the government.
Expressing displeasure over the indifference of the state government on releasing the fund despite court's directions, the court again directed the government to release the 50% of the total amount of Rs 46.30 crores required by the JMC to begin work of two other major nullahs by November 10 and also directed the JMC to begin work with immediate effect on these nullahs on its own share without awaiting government to disburse its share of 50%.
The work of both these nullahs has been directed to be completed by February 1 next year under any condition.
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