M. Karpaga Vinayagam, C.J.
1. This writ petition has been filed in the form of Public Interest Litigation, seeking for issuance of mandamus commanding upon the respondents to stop the construction of the Check Dam in the village-Barkikumharia in the block of Bengabad, since the land over which the Check Dam is being constructed is forest land and since the respondent No. 2 had passed an order on 23.3.2007 for cancellation of the construction of the aforesaid Check Dam.
2. The petitioner, claiming himself to be a resident of Block-Bengabad, District-Giridih, a social worker and also the Chairman of Jharkhand State Backward Classes' Association, has approached this Court with the prayer that since the land over which the Check Dam is being constructed is forest land, the construction of the Check Dam has to be stopped. He has further stated that he had presented a representation to the respondent No. 2 raising objections, on the basis of which, the respondent No. 2, by the letter dated 23.3.2007, cancelled the construction of the Check Dam and order for returning the released amount to him. Despite that, the construction work, though stopped initially, has commenced again, which denotes nothing but misuse of public money.
3. As per the counter-affidavit filed by the Assistant Engineer, Minor Irrigation Division, Giridih, Badaki Kumharia is a village in Panchayat Genero under Bengabad block and as the people of this village (Badaki Kumharia) were facing trouble in getting water for irrigation during the Summer Season, they wanted a Check Dam to be constructed so that the rain water flowing through the natural drainage might be checked. The construction of the Check Dam was recommended by the then Vice-President, District 20-Point Programme Implementation Committee, on 24.4.2006. Thereupon the Field Engineers visited the site, conducted surveys for its feasibility and ultimately recommended for construction of the Check Dam at an estimated cost of Rs. 13.37 lacs. The beneficiaries of the village also agreed to contribute 10% of the construction cost and accordingly, Beneficiary committee was formed on 23.11.2006. On the administrative approval being accorded by the Deputy Commissioner by letter dated 22.8.2006, the construction work of the Check Dam started.
4. Sometime later, Rejendra Pandit, the petitioner, claiming himself to be the Chairman of Jharkhand State Backward Classes' Association, submitted a petition to the Deputy Commissioner, Giridih, requesting him to stop the construction work of the Check Dam. On the basis of that petition-letter, the construction work of the Check Dam was stopped, but on coming to know that 90% of the construction works was over, the people having vested interest were trying to stop the construction work and the land over which the Check Dam was being constructed was not forest land, it was again ordered to complete the construction work of the Check Dam. Consequently the construction of the Check Dam is over. The petitioner, claiming himself to be a resident of block Bengabad, District-Giridih, a social worker and also the Chairman of Jharkhand State Backward Classes' Association, has been trying to stop the construction work of the Check Dam, as the Check Dam will provide full benefits to the Tribal People of the village and as such, the prayer made in this PIL is unjustified.
5. We have heard the learned Counsel for the parties.
6. On going through the counter affidavit, it is clear that on enquiry, it was found that the land over which the Check Dam was being constructed was not forest land and the Forest Department had not raised any objection to the construction of the Check Dam and on the basis of the visits made by the Field Engineers and of the reports submitted by them, ultimately order was passed for construction of the Check Dam.
7. The main purpose of constructing the Check Dam is to check and store rain water going waste, which would solve the purposes, such as irrigation, raising water level in the vicinity, bathing etc. There is nothing to indicate that there is misuse of public money, rather the people of village-Badki Kumharia have requested the State Government to construct the Check Dam as the Tribal people would get the benefits out of it. It is the specific stand of the State Government that the Check Dam is constructed across a Nala and the site place is the Government property and the Forest Department has never raised any objection against the construction of the Check Dam. 7. Though the construction work was initially stopped on the basis of the representation presented by the petitioner, subsequently on enquiry, it was known that the land over which the Check Dam was being constructed was Government land and was not forest land. Therefore, the construction works of the Check Dam again started after release of the allotted fund on 2.1.2008 by the Deputy Commissioner, Giridih.
8. Under the aforesaid circumstances, the prayer made by the petitioner in this PIL, is in our view, baseless. We are, therefore, of the view that if the relief sought for by the petitioner is allowed, it would amount to depriving the tribal people of the village in question from getting and availing of the benefits of the developmental works of the Government. As such, there is no misuse of money and violation of any requirements of the relevant rules and regulations. Hence, this PIL is accordingly dismissed. However, there is no order as to costs.
D.G.R. Patnaik, J.
10. I agree.