1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4958 OF 2009 Babulal s/o Devchand Zarwal - PETITIONER VERSUS 1) The State of Maharashtra and others. - RESPONDENTS ***** Mr.JJ Patil, Adv. h/for Mr.VD Sapkal Advocate for Petitioner; Mr.VH Dighe,AGP for Resp.Nos.1 & 2. Mr.DN Patil, Adv. for Resp.Nos. 4 & 5; Mr.RG Joshi, Adv. for Resp.Nos. 6 to 8 ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 23rd November, 2009. PER COURT : . Heard. 2) The petitioner is aggrieved mainly by constitution of the Committee to implement the water supply scheme. It is the grievance of the petitioner that in absence of Gram Sabha, the 2 Sarpanch of the Gram Panchayat, by manipulating the record, constituted the committee, which is in derogation of the guidelines of the Government policy and the Rules framed thereunder. The learned Counsel for the petitioner fairly stated that the petitioner is not against the implementation of the water supply scheme, but his anxiety is that the scheme should be implemented in its letter and spirit without any illegalities and irregularities. 3) On behalf of the Zilla Parishad, a detailed affidavit in reply is filed, wherein it is stated that an inquiry in this regard was conducted and the inquiry report is placed on record. We have perused the reply and the report annexed thereto. 4) To get clean water is one of the rights of the people residing in the area and when the Government is coming forward to implement the water supply scheme for Ajantha town, it should be in favour of all the concerned that the scheme 3 is implemented properly and the funds advanced by the Government for the said scheme should be appropriated fully in aid of the implementation of the scheme. From that angle, the parties should look to this problem. There may be some procedural irregularities in constitution of the Committee, but then it shall not obstruct implementation of the scheme. Budgetary provision is made; financial allocations are made and the money is required to be spent within the scheduled time frame. For the said scheme, certain contributions is also made by the villagers, which is more than Rs.5,00,000/- 5) In the interest of the implementation of the scheme, we direct the Chief Executive Officer, Zilla Parishad, Aurangabad, to depute a competent officer to supervise the effective and successful implementation of the scheme and monitor the affairs thereof till the scheme is fully implemented. The Chief Executive Officer shall get the record from the concerned officer 4 regarding the progress of the scheme. This would be sufficient safeguard for the apprehension expressed by the petitioner. In the facts of the case, therefore, we are not inclined to go into the disputed questions of fact as the issue relates to public welfare scheme being implemented by the public authorities. 6) With these observations, the petition stands disposed of. 7) Registry to forward a copy of this order to Chief Executive Officer, Zilla Parishad, Aurangabad. (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/wp4958.09