AMICUS CURIE
Rajesh Tandon
(Querist) 12 June 2011
This query is : Resolved
1.The Government of Madhya Pradesh has started project UDAY( Urban water supply and environmental improvement project) which is to be implemented in four cities of MP , namely Bhopal, Indore, Gwalior & Jabalpur, under which multi-million aid has been provided by Asian development bank and UN Habitat.
2. However, there are serious pitfalls in the implementation of the project and monitoring. A number of roads have been dug up, left unattended thereafter and in some cases haphazardly covered up in a hurry. Probably this was done to lay the sewerage line.
3. In addition, there are certain road stretches in city of Jabalpur which don’t fall under perview of Project UDAY, where in roads have been constructed, reconstructed/repaired every year, a number of times by the contractors, employed by PWD /municipal Corporation . However, despite that, there is no semblance of the road.
4. I can exercise the option of approaching High Court where in the Jurisdiction of High court under Article 226 of Constitution of India can be invoked when it is found that Public officials / public authorities/ Govts are not doing their duties,or acting illegally in discharge of their duties and also filing of complaint against public authorities under section 80 of civil procedure code(CPC)1908.
5. But before approaching the High Court, I want to exercise the option of writing to chief justice of the High Court.
6. Therefore, kindly provide me with references of certain judgements given by Supreme Court/High Court in the matters of public interest where the Supreme Court/High Court have intervened (on their own/or by bringing to their notice the issues of public concern by somebody as a friend of the court,( NOT BY PIL, invoking the provisions of amicus curie) on the behalf of the general public and courts have taken up suo moto cognizance of dereliction of duty by various public officials and have pulled up such erring officials. SUCH JUDGEMENTS WHERE ATTEMPTS OF COURT HAVE FINALLY SUCCEEDED IN MAKING PUBLIC AUTHORITIES. If possible, when providing their preferences certain judgements, please provide the appropriate link to study these judgements. kindly provide referances / example where people have reached court on such matters.
7. If, by bringing a issue to the notice of chief justice of High Court/Supreme Court on a plane letter and and if at all the courts can take a cognizance of the same, it may serve as a bonus for a citizen otherwise one may exercise the option as mentioned in para 3 above. After all, why should a citizen waste money in litigation over and above paying the taxes and taxpayers money gets wasted by the public authorities, not delivering the results on the ground.
8. I want to cite/ mention referances of these Judgements while writing to court to draw its attention to such judgements.
Raj Kumar Makkad
(Expert) 13 June 2011
It shall be better for you to approach some senior counsel of High Court with social background and much experience in practice.
