Observing that suspension of work would result in lapse of the budget already earmarked for the same, the High Court of Bombay has stayed the orders passed by the Maharashtra government led by Eknath Shinde related to suspension of a development project initiated by the former Uddhav Thackeray-led regime.
The Division Bench of Justice R.D. Dhanuka and Justice S.G. Dige said that the move by the current dispensation would result in lapse of the budget already earmarked for the said work and that also without any basis.
The High Court noted that the Uddhav Thackeray government had ordered construction of gutters in Belewadi village on March 31, 2022 and a work order was issued for the same on July 14, 2022.
The work was suspended by the Shinde-led government, which came to power next, by way of an executive order on July 19 and 25.
The village panchayat challenged this decision before the High Court claiming that the two orders of Shinde government failed to give reasons on why the budget, which was already sanctioned and incorporated in the Finance Act, was suspended.
Representing the petitioner, Advocate S.S. Patwardhan pointed out that if the work was not carried out, the budget already earmarked would lapse.
Patwardhan mentioned an order passed by the Aurangabad Bench of the High Court, wherein the Bench had ordered status quo on projects where work orders had already been issued and work had been suspended subsequently.
Additional Government Pleader Kavita Solunke sought time to file an affidavit.
The High Court, while observing that after approval of budget and awarding of the same to a contractor in the village of the petitioner panchayat, such work cannot be suspended, directed an interim stay on the effect and implementation of the orders passed by the Shinde government.
(Case title: Belewadi Village Panchayat vs State of Maharashtra & Ors)