Order of the High Court of Gujarat regarding utilization of grant by Kutiyana Nagarpalika given for public utility purposes, 05/02/2025
Order of the High Court of Gujarat in the matter of Kandhal Sarmanbhai Jadeja Vs State of Gujarat & Others dated 05/02/2025.
The petitioner, Kandhal Sarmanbhai Jadeja is a sitting member of the Legislative Assembly (MLA) elected from 84 Kutiyana – Ranavav constituency of District Porbandar. Upon having come to know about the discrepancy in relation to administration of the Nagarpalika for utilization of grant, given for public utility purposes by the state, the petitioner herein made a representation to Chief Officer.
The Gujarat government under various schemes to develop Kutiyana Nagarpalika had disbursed certain grants. The grant given was for the purpose of establishment of 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.
Though grant was given for specific purpose, it was found that the same was 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 garden development of garden is used as a garbage land. Further, Crematorium has not been developed for which the grant was given. The administration of Anganwadis is given to various private persons. In a nutshell, grant given by the state is not being used for the purpose for which it was given.
Therefore, the petitioner made a representation to respondent Commissioner, Municipal Administration and Regional Commissioner respectively under the provisions of Section 262 of the Gujarat Municipalities Act, 1963. Since the same has not yet been decided, the petition was filed before the High Court.
The HC said that Nagarpalika in its affidavit has just denied the allegations but did not provide any details. The Nagarpalika should have provided details of grants utilized. The High Court said that if required the state of Gujarat should call for the records and details from Nagarpalika Kutiyana.