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Chhattisgarh High Court disposes of PIL seeking independent enquiry into misappropriation of Public Funds in road construction

The Chhattisgarh High Court disposed of a Public Interest Litigation (PIL) filed seeking independent high level enquiry on the issue of misappropriation of the Public Funds in the construction of   26200 k.m roads.

Facts of the cases in brief are that since the year 2001 to 2010 the respondent-State and its instrumentalities have constructed the roads under the scheme commonly knows as PMGSY the roads constructed about 26200 k.m. the petitioner has enquired about the constructed and quality of those roads by applying information under the provisions of Right to Information Act, then he knew that all the officers of the executing agency, contractors and the suppliers had   involved and worst quality of the road were constructed by misappropriate the public funds and under the conspiracy hatched by all those officers and the executing persons the public exchequer has been put to huge and great loss and now again some work is to be done, which more amount for reconstruction of those roads, hence the PIL has been filed.
Durgesh Goyal , counsel for the petitioner submits that the petitioner is fighting against the corruption since 2001, as respondents by hatching conspiracy including Executing Officers/Agencies, Contractors, material suppliers and various stakeholders have done mass corruption and thereby they have constructed roads of below standard.

He further submitted that after collecting necessary documents petitioner has filed 83 criminal cases before the Competent Court against various persons and about 34 cases are yet to be filed.

The counsel appearing for the State submits that as has been pleaded by the petitioner in so called PIL that he has already filed 83 criminal cases against private respondents/Contractors before the concerned criminal Court and many cases are yet to be filed against various entities/Contractors. In these circumstances the petition may not be entertained at this stage, as the petitioner may take recourse to law against the other private respondents/entities.

Having considered the submission made by the counsel for both the parties, particularly considering the fact  that Petitioner  has already filed 83 criminal cases against various persons in various courts and various cases are yet to be filed against the various respondents/entities/firms, thus, he has already taken recourse to law. 

Hence, in view of the aforesaid facts and submissions made by the counsel for the parties, the petition is disposed of by the Division Bench of Chief Justice Ramesh Sinha and Justice  N.K. Chandravanshi with liberty to the petitioner to pursue the matter before the Criminal Court concerned, as 83 criminal cases have already been filed by him before the Criminal Court concerned against the private respondents/contractors and some complaints are yet to be filed.

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