Panchayat passed a resolution for upgrading the infrastructure of the old Panchayat Bhawan from the budget sanctioned by the Zila Parishad, Hanumangarh. On 11.12.2019, the Zila Parishad sanctioned the proposal to upgrade the infrastructure of the old Panchayat Bhawan. The Appellant representing the Gram Panchayat, on 15.03.2020, issued a work order to one M/s A-One Construction Company to upgrade the infrastructure of old Panchayat Bhawan. (Para 3)
The expression ‘upgradation of infrastructure’ in the preceding narrative is repetitive and necessary in as much as the Appellant as available from the record deviated from the resolution, sanction/ work order and constructed a new building for the Gram Panchayat in the playground of a school run by the Education Department in the Village. (Para 4)
The consequences are that the village is deprived of the playground and in the name of upgrading infrastructure, a new building is brought into existence. (Para 4)
He suggests that the Court may take note of subsequent developments substantially remedy the grievance canvassed in the Writ Petition and pass orders as are deemed necessary. (Para 5)
Therefore, the conclusions in the impugned Order are certainly warranted and have been rightly rendered in the Judgment impugned. Having observed, as indicated above, the appeal must fail. In the case, we are persuaded by the argument for the Senior Counsel for Appellant that the subsequent developments, avoiding waste of public money material etc., are taken note of by this Court, and directions proportional to the subsequent developments, are issued. (Para 7)
Keeping in perspective the admitted position viz a Playground is earmarked for school children, demolition of a building constructed is avoidable. The directions issued in Para VI of the Judgment under appeal are substituted by the following direction, (i) The Secretary, Panchayati Raj Department shall initiate disciplinary proceedings against respondent No. 2 Vikas Adhikari and respondent No. 4 Sarpanch and ensure completion of enquiry without further loss of time. (ii) The State of Rajasthan/ Respondent No. 4 is directed to deposit Rs. 10,00,000/-, to the credit of the school in Longewala village, within four weeks from receipt of the Order. The school shall utilize the amount so deposited for upgrading facilities in the school. The Competent Authority considers the need and requirements of girl students enrolled in the school while providing upgradation facilities. The detailed proposal plan for utilization of Rs. 10,00,000/-, is submitted to the District Collector, and on approval, the works are carried out. (iii) The Competent Authority shall conclude the enquiry directed against the Appellant and Vikas Adhikari Respondent No. 2 within four months from today. (iv) The State Government/ Respondent No. 4 is directed to recover Rs. 10,00,000/- deposited in terms of direction No. (ii), from persons found guilty of arbitrary exercise of power and in such proportion within six months from today. (v) The District Administration ensures that the playground now earmarked at Longewala shall continue to serve the purpose of the playground. (vi) The Impugned Judgment is modified to the limited extent indicated above, and accordingly, the Civil Appeal is allowed in part. (Para 8)
SUPREME COURT OF INDIA
2023 STPL(Web) 205 SC
[2023INSC769]
Sarpanch, Gram Panchayat, Longwala Panchayat Samiti, Pilibanga, District Hanumangarh, Rajasthan Vs. Manveer Singh And Others
Civil Appeal No(S). 5281 of 2023 (@ Slp(C) No(S). 8655 Of 2022) With Contempt Petition (Civil) No. 621 Of 2023 In (S.L.P.(Civil) No(S). 8655 Of 2022)-Decided on 18-8-2023
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