* This has paved way for hearing of the PILs on merits, before the Nagpur bench of Bombay High Court
By Kartik Lokhande
In what could be termed as relief for the
activists raising voice against the multi-crore irrigation scam effected
by an unholy nexus of contractors-bureaucrats-politicians, the
Supreme Court dismissed special leave petitions (SLPs) filed by Vidarbha
Irrigation Development Corporation (VIDC) against the hearing of the
public interest litigations (PILs) on merit.
Jan Manch had filed a PIL before the Nagpur bench of Bombay High Court
here in the irrigation scam and had stated that a fraud was played on
the Constitution of India as the purpose for which Article 371 was
amended had been frustrated due to siphoning off of funds meant for
irrigation projects resulting into depriving the backward region of
Vidarbha from irrigation facilities. Jan Manch had also filed five
different reports on record before the High Court in which there were
sufficient observations against the officials of VIDC. These reports
included those by Government officials Nandkumar Vadnere, H Mendhegiri,
and also the reports of Central Water Commission (CWC) and Comptroller
and Auditor General (CAG). Further, Jan Manch had attached the series of
investigative report of ‘The Hitavada’ on multi-crore irrigation scam.
Jan Manch had prayed for CBI enquiry into irrigation scam.
Adv Bharti Dabhadkar, Secretary of Lok Nayak Bapuji Aney Smarak Samiti,
along with Mohan Karemore and Amit Khot had filed another PIL no.
83/2012 on August 7, 2012 before Nagpur bench of Bombay High Court,
raising important issues pertaining to the severe backwardness of
Vidarbha region with particular emphasis on delay in clearance and
implementation of irrigation projects in the region. The petitioners
also prayed for directions to Union of India and State of Maharashtra to
hold high-level enquiry in respect of irrigation scam and to take
action against the responsible officials.
In both the PILs, the respondent VIDC had raised preliminary objections
regarding maintainability of the PILs. By order dated April 24, 2013,
the High Court had rejected the preliminary objections and directed the
respondents to file replies so that the PILs could be heard on merits.
VIDC had filed SLPs before the Supreme Court challenging the said order
of the High Court. The Supreme Court had issued notice and granted stay
of the said order of the High Court.
Special Leave Petitions filed by VIDC were listed for hearing before the
Supreme Court on Tuesday, before the bench of Justice Ranjana Prakash
Desai and Justice Abhay Manohar Sapre. After hearing the counsel for the
parties, the Supreme Court dismissed the SLPs. As a result, the order
dated April 24, 2013 passed by the High Court stands confirmed and now
the aforesaid PILs will be heard on merits by the High Court on vital
issues of irrigation backlog and irrigation scam concerning Vidarbha
region.
Commenting on the Supreme Court dismissing the SLPs of VIDC, Adv Anil
Kilor, President of Jan Manch welcomed the order and said that the way
for hearing of both PILs on merits was cleared with this order of the
Apex Court. Now, the High Court will go into actual allegations and
scrutinise if the allegations have any merit. At a later stage, after
hearing the petitions, if High Court finds merit in the petition, it may
issue necessary directions. As no other petitions are pending before
the Bombay High Court in Mumbai, these PILs filed before the Nagpur
bench of Bombay High Court will not be transferred to Mumbai and
hearings will be held in Nagpur.
Adv Avinash Kale, who appeared on behalf of Bharti Dabhadkar, said that
the Supreme Court judgement was a great victory for crores of farmers
and people of Vidarbha on one side and a great setback to Government of
Maharashtra on the other.
Tushar Mehta, Additional Solicitor General, appeared for the Union of
India; Adv Satyajit A Desai and Adv Anagha S Desai for Jan Manch; Adv
Ravi Adsure for VIDC; and Adv Y Kulkarni along with Adv Avinash V Kale
appeared on behalf of Bharti Dabhadkar and others, Adv Manish Pitale for
the intervener Vidarbha Economic evelopment Council.
‘The Hitavada’ series on irrigation scam
‘The
Hitavada’ had run a multi-episode series titled ‘The Hitavada Black
Paper on Irrigation’. In its reports, ‘The Hitavada’ had exposed how the
unholy nexus of contractors, bureaucrats, and politicians irrespective
of their parties had effected a loot of funds meant for irrigation
development in rainfed region of Vidarbha, where farmers were committing
suicides. The reports quoted extensively from the office notes,
official reports, the reports of CWC, CAG, Vadnere Committee, Mendhegiri
Committee, and observations made by other probe panels constituted from
time to time.
Besides, ‘The Hitavada’ had highlighted procedural by-pass by this
unholy nexus, excessively fast-tracked sanction of revised
administrative approvals, upward revision of cost of 38 irrigation
projects in Vidarbha by a whopping Rs 20,050.06 crore within a short
span of seven months in the year 2009, grant of mobilisation advance to
contractors in violation of norms, issuance of diktat by Water Resources
Minister’s personal secretary to the department officers to scrap a
directive barring grant of mobilisation advance to contractors, flouting
of company laws and VIDC officials ignoring the same etc. ‘The
Hitavada’ also followed up the matter and highlighted subsequent
political developments, release of so-called ‘White Paper on
Irrigation’, appointment of Chitaley Committee to probe into irrigation
scam, release of Chitaley Committee’s report indicting the then Water
Resources Minister and Water Resources Department officials etc.
(19-08-14)
Comments
Post a Comment