Madhya Pradesh High Court: In the case concerning preparation and submission of a Detailed Project Report (DPR) by the Municipal Corporation, Gwalior, for the Swarn Rekha River project, a Division bench of Anand Pathak and Roopesh Chandra Varshney, JJ., directed the Municipal Corporation to facilitate the early requisition of the vetting report from MANIT, Bhopal, preferably within one month and instructed the MANIT to respond affirmatively and submit the report within the specified time.
In the instant matter, the Court, vide order dated 20-11-2024, directed respondents 1 and 4 (Municipal Corporation, Gwalior and Gwalior Smart City Development Corporation Limited) to submit a Detailed Project Report (DPR) concerning the Swarn Rekha River and the laying of sewer lines. Despite preparation of the DPR by a consultant, the same is yet to be finalized as the report was sent to Maulana Azad National Institute of Technology (MANIT), Bhopal, for vetting. No specific time limit was prescribed for this process. The main issue in the instant matter is regarding delay in obtaining the vetted DPR from MANIT, Bhopal.
The Amicus Curiae emphasised on the necessity of obtaining the vetted DPR from MANIT promptly. He suggested that once vetted, the report should be scrutinized by the Court for further action. However, the respondent confirmed that the DPR is under review at MANIT. It was assured that efforts will be made to expedite the vetting process but admitted the absence of a fixed timeline.
The Court noted that the Municipal Corporation Act, 1956, provides for the concept of social audit under Sections 2(54), 130-B, and 131-A, which, if applied cautiously, could help align development schemes with local needs. The Court asserted that there is a need for proactive synergy between the State Government, the Municipal Corporation, and counsels to avoid procedural delays. The Court directed —
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The respondent/Municipal Corporation to facilitate the early requisition of the vetting report from MANIT, with a preference to complete it within one month.
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MANIT to respond affirmatively and submit its report within the stipulated timeframe.
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The counsels to exchange documents well before the next hearing to allow adequate preparation and instructions.
The Court deferred the issues raised by the intervenor to the next date of hearing. The Court listed the case for the week commencing 02-01-2025 to address pending issues and review progress.
[Vishvajeet Ratoniya v. State of M.P., 2024 SCC OnLine MP 7915, Decided on 26-11-2024]
Advocates who appeared in this case :
Shri Yash Sharma, Counsel for the Petitioners
Shri Vivek Khedkar, Additional Advocate General, Counsel for the Respondent No. 2 and 3/State
Shri Deepak Khot, Counsel for the Respondent No. 1 and 4/Municipal Corporation, Gwalior and Gwalior Smart City Development Corporation Limited
