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Judgment
The present public interest litigation has been filed by the petitioner stating that the Government of Telangana has issued G.O.Rt.No.661, dated 01.09.2018 sanctioning an amount of Rs.2,500.00 lakhs @ Rs.500.00 lakhs per Mandal for formation of internal C.C. roads in five Mandals of Sathupalli Assembly Constituency, Khammam District under the Special Development Fund for Welfare and Development Activities for the year 2018-19.
The petitioner's contention is that he is a Member of Scheduled Caste and the action of the State Government in sanctioning the fund for construction of roads would not come within the aims and objectives contemplated in the Telangana State Scheduled Castes and Scheduled Tribes Special Development Fund Act, 2017. It is further contended that the entire exercise of allocation of funds under the SC, ST Special Development Fund is without proper yardstick and the same is being misutilized, as roads are being constructed in five Mandals. It has also been stated that the fund has been sanctioned to five Mandals and the villagers of other villages are being discriminated for political gains and other grounds have also been raised by the petitioner.
The State Government has filed a detailed counter in the matter and the stand of the State Government is that they have certainly sanctioned Rs.2,500.00 lakhs @ Rs.500.00 lakhs per Mandal for five Mandals of Sathupally Assembly Constituency keeping in view the statutory provisions as contained in the Telangana State Scheduled Caste, Scheduled Tribe Special Development Fund Act, 2017 by following the general procedure in respect of sanction of funds under Special Development Fund for Welfare and Development Activities. The salient features under the Special Development Fund for Welfare and Development Activities and the process of sanction is as under:
"The "Special Development Fund for Welfare and Development Activities (SDF)" is being implemented from the year 2011-12 onwards.
The funds under the scheme 'Special Development Fund' are being sanctioned for meeting the assurances/announcements made by the Hon'ble Chief Minister during his visits to districts based on the representations received from the public and peoples' representatives, for taking up various developmental works in their areas. Depending on nature of the urgency/felt needs of the community, the Hon'ble Chief Minister approves the proposals of works under 'Special Development Fund'.
Based on the approval of the Hon'ble Chief Minister, the Planning Department issued administrative sanction for the amount approved and obtains the category-wise works (General/SC/ST) from the District Collectors, with a rider to furnish category-wise works as per SCSDF/STSDF Act 18 of 2017.
The District Collector, after obtaining the category-wise list of works from the executing agencies concerned, send the list of works to the Planning Department for approval of the proposed works.
The Planning Department approves the works furnished by District Collector concerned.
The District Collector in turn issues the proceedings for execution of works, as per the Departmental Rules, which are in vogue."
It has been further brought to the notice of this Court that Dr. Pidamarthi Ravi, Chairman, TSSCCDCL has submitted a representation to the Hon'ble Chief Minister for sanction of an amount of Rs.500.00 lakh per Mandal for (5) Mandals, totalling to Rs.2500.00 lakh for taking up developmental works in Sathupally Assembly Constituency and as per the orders of the Chief Minister's Office, a file was circulated to the Hon'ble C.M., for obtaining his orders, on the amount to be sanctioned.
The Chief Minister has thereafter agreed to sanction an amount of Rs.2500.00 lakhs. Accordingly, the Planning Department has issued Administration sanction for an amount of Rs.2500.00 lakhs and requested the District Collector, Khammam district to furnish list of works along with estimated cost as per line estimates, with SCSDF/STSDF/General category-wise details, for taking further necessary action in the matter. He was also requested to take into consideration the norms shown under Chapter 3, para-11a, b, c of SC/ST Special Development Fund Act 2017, while proposing the SCSDF/STSDF works vide G.o.Rt.No.661, Plg.(VI) Department dated 01.09.2018.
It has been further stated that the District Collector, Khammam district after obtaining the category-wise list of works from the executing agencies concerned duly considering SC/ST population has furnished the list of works for approval vide his letter No.107/SDF/STPL/2018, dated 05.09.2018 as below:
(Rs. In lakh)
Sl.
No.
Mandal
SCSDF
STSDF
General
Total
No. works
Est. Cost.
No. Works
Est. Cost.
No. Works
Est. Cost.
No. Works
Est. Cost
1
Sathupally
22
105.00
24
115.00
63
280.00
109
500.00
2
Penubally
21
105.00
18
80.00
73
315.00
112
500.00
3.
Vemsoor
32
140.00
5
25.00
77
335.00
114
500.00
4.
Kalluru
40
200.00
10
50.00
50
250.00
100
500.00
5.
Thallda
56
200.00
14
50.00
73
250.00
143
500.00
Total
171
750.00
71
320.00
336
1430.00
578
2500.00
It has been further stated that the fund so sanctioned for construction of roads is in respect of an area which constitutes more than 40% of the total population and in some of the Mandals/areas the Scheduled Caste population is 100%. Meaning thereby, the roads are being constructed for the benefit of people belonging to Scheduled Castes and Scheduled Tribes, as they are the people, who are in majority, in those areas. The details furnished by the State reveals that the funds are certainly being used for the benefit of Scheduled Tribes population of the locality by constructing the roads and therefore, this Court does not find any reason to interfere with G.O.Rt.No.661, dated 01.09.2018 sanctioning the amount. It has been informed that the roads have already been constructed and the fund has already been utilized for that purpose. Therefore, no further orders are required to be passed in the present public interest litigation.
Accordingly, the writ petition is disposed of.
Miscellaneous petitions, if any, shall stand closed.
There shall be no order as to costs.