1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 7006 of 2011-H Decided on: 12.12.2011 Sh. Shakun Gupta, S/o late Sh. Ishwar Dass Gupta, R/o Gupta House, Hindu Ashram Road, Nahan, Distt. Sirmaur, H.P. (representing the general public of the Area i.e. Ward No. 11, Nahan) ......Petitioner Versus 1. State of Himachal Pradesh through Secretary (PWD) to the Government of Himachal Pradesh, Shimla 2. Deputy Commissioner, District Sirmaur, at Nahan. 3. Municipal Council, Nahan, District Sirmaur. 4. SDM (Civil), Nahan, District Sirmaur. 5. The Executive Engineer, Nahan (B & R), Distt. Sirmaur, HP. .....Respondents Civil Writ Petition (PIL) under Article 226 of the Constitution of India read with Article 21 for the issuance of an appropriate writ, order or direction to the respondents as may be deemed just and proper keeping in view the facts and circumstances of the case. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Dev Darshan Sud, Judge. 2 For the petitioner : Mr. Deepak Kaushal, Advocate. For the respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General for respondents No. 1, 2, 4, & 5. Mr. Vivekanand, Advocate, for respondent No. 3. Justice Kurian Joseph, C.J. (Oral) The writ petition was filed with the following prayers: “A. That the respondents may kindly be directed to make available the funds for the construction of the retaining wall as earliest as possible in time bond manner so that the life threatening situation faced by the people of the said area be avoided. B. That the respondent may kindly be directed to start the construction of the retaining wall in time bond manner at the site of damage i.e. Ward No. 11, below Hindu Ashram Road, Mohalla Govindgarh, Nahan.” 2. On 31st October, 2011, this Court passed the following order: “.....The Executive Engineer, PWD, is present before us. It is submitted that as per the estimate now prepared a sum of ` 15,30,693/- would be required for the construction of the retaining wall. 3 The Deputy Commissioner, Sirmour, Ms. Mohanty who happened to be present before this Court in connection with another case submits that the maximum amount that can be sanctioned by the Deputy Commissioner in this case could be only rupees five lacs and the Municipal Committee will have to find out other sources for the balance amount. Learned Counsel for the Municipality submits that two weeks time may be granted to take up the matter with the Directorate. There will be a direction to the Director (Urban Development) to process the request received from the Municipal Committee, Nahan within another two weeks. Post on 5.12.2011. The action thus taken by the Director shall be reported to this Court before the next date....” 3. Learned Additional Advocate General has made available order dated 3rd December, 2011 passed by the Additional Director, Directorate Urban Development, Himachal Pradesh, which is taken on record. The order reads as follows: “.....In continuation to this office letter No. 26211-13 dated 30.11.2011 on the subject cited above. It is submitted that in compliance to the Hon'ble Court order dated 31-10-2011, this office has submitted the proposal for the grant of funds amounting to Rs. 10,30,695/- to the Principal Secretary (UD) to the Govt. of H.P. vide letter 4 dated 25-11-2011 (copy enclosed) with the request to take up the matter with the Finance Department/ Planning Department to provide special grant in aid to the Municipal Council, Nahan for the construction of the retaining wall detailed in said CWP. Now in response to this office letter detailed above, the State Govt. has intimated vide letter dated 2-12-2011 (copy enclosed) that the expenditure of Rs. 10,30,695/- may be met from the Grant-in-aid already released to Municipal Council Nahan under SFC grant by the Govt. vide letter of even number dated 1-8-2011.......” 4. Learned Counsel for the Municipal Council submits that funds already released are just sufficient for meeting the expenditure in connection with day-to-day administration of the municipality. It is made clear that in case after thus spending the amounts required for the construction of the retaining wall, in case there is any deficiency for the Municipal Council for meeting the day-to-day expenditure or for the projects already taken by the Council, to that extent, steps shall be taken for making up the deficiency. 5. The Municipal Council shall undertake the construction work and complete the same within a period of six months from today. 5 6. The writ petition is disposed of, as above, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. December 12, 2011 (Justice Dev Darshan Sud), (ms/hl) Judge.