Global Trust Club v. Union of India and 4 Ors

PageoNo.#o1/3 GAHC010002782021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oPILo1/2021o GLOBALoTRUSToCLUBo (AoSOCIETYoREGISTEREDoUNDERoTHEoSOCIETIESoREGISTRATIONoACT,o 1860,oREPRESENTEDoBYoITSoCHAIRMAN,oNAMELYoMR.oDELHIoTSUAHAH),o HAVINGoITSoREGISTEREDoOFFICEoAToCHIZAMIoTOWN,oP.O.-CHIZAMIo TOWN-797108,oDIST-PHEK,oNAGALAND VERSUSo UNIONoOFoINDIAoANDo4oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoDRINKINGoWATERoANDoSANITATION,oSWACHHoBHARAToMISSIONo (GRAMIN),oGOVT.oOFoINDIA,oCGOoCOMPLEX,oLODHIoROAD,oNEWoDELHI-110003 2:STATEoOFoNAGALAND oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoNAGALAND oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oKOHIMA-797110 3:THEoCHIEFoENGINEER oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oNAGALANDoP.O.-KOHIMA-797110oNAGALAND 4:THEoEXECUTIVEoENGINEER oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oPHEKoDIVISIONoP.O.-PHEK-797108oNAGALAND 5:THEoSUB-DIVSIONALoOFFICER oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oPHEKoSUB-DIVISION oP.O.-PHEK-797108oNAGALANo Page No.# 2/3 For the petitioner : Mr. N. Dhar, Advocate For the respondents : Ms. T. Khro, Addl. Advocate General, Nagaland for respondent Nos.2 to 5 – B E F O R E – HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEVASHIS BARUAH 28-06-2023 By the instant writ petition under Article 226 of the Constitution of India styling the same to be filed in Public Interest, the petitioner prays for issuance of a direction to the respondents for monitoring the progress and timely completion of works relating to schemes of drinking water supply under the Swachh Bharat Mission in the State of Nagaland, particularly, Phek district. Heard learned counsel appearing for the parties. The petitioner has annexed various sanction letters with the writ petition and alleges that though the works were sanctioned way back in the year 2013, 2014 and 2015, the same have not been completed. The respondents have filed affidavit-in-opposition wherein pertinent assertion is made that the schemes in question are not being offered under the Swachh Bharat Mission but the same were sanctioned under the National Rural Drinking Water Programme. It is further asserted that the amounts as indicated in the writ petition were sanctioned during the financial years 2014-2018 under the Swachh Bharat Mission and that the same were allocated to the respective districts of the State of Nagaland for implementation of programmes under the Swachh Bharat Mission (Gramin) to improve the levels of cleanliness in rural areas through Solid and Liquid Waste Management activities and to make the Gram Panchayats Open Defecation Free. Page No.# 3/3 Regarding the issues of projects pertaining to drinking water, it has been stated that the Ministry of Drinking Water and Sanitation sanctioned amounts of Rs.113.08 lakhs and Rs.350.00 lakhs, respectively as grants-in-aid in the State of Nagaland in the year 2013-2014 which has been allocated to different villages and works are under progress. However, one project in the village Leshemi was damaged by unknown miscreants on 26.06.2020 and an enquiry is being undertaken. It is further stated that in the year 2017-2018, a sum of Rs.7,90,08,300/- was sanctioned by the Ministry of Drinking Water & Sanitation as grants-in-aid for various villages and the projects are nearing completion. In affirmation of the fact that the projects are being sincerely executed, various photographs have been annexed with the affidavit-in-opposition. We find that the averments made in the affidavit-in-opposition negate the apprehensions raised by the petitioner in the writ petition. Though an affidavit-in-reply has been filed by the petitioner, nothing significant has been stated therein which can persuade the Court to discard the averments made in the affidavit of the respondents that the projects/schemes are being implemented in all sincerity. Hence, we are of the firm view that no further directions are required to be given to the respondents in this PIL and, thus, the same is closed.

JUDGE CHIEF JUSTICE Comparing Assistant