MP High Court Asks Gwalior Residents To Participate In Social Audit Of Swarn Rekha River Project, Encourages Them To Give Suggestions

The Court opined that the vision and suggestions of the residents can be a real value addition as they are well-versed with the city’s ethos which can be missed by the officials of Municipal Corporation.

A division bench of Justice Anand Pathak and Justice Hirdesh in its order said:

“If Section 5(54-a) and Section 130-B of the Act, 1956 are seen in juxtaposition, then it appears that this is an important tool in the hands of citizenry of the city at large to participate in framing of Policies, Programmes, Schemes and Procedures adopted or implemented by any Municipal Authorities within the Municipal Area of that city. Such incorporation of ‘Social Audit’ is infact an important milestone in Urban Governance because Officers/ Engineers, who are at the helm of Municipal Corporation are usually posted on tenure basis. Their attention sometimes slip from vital Cultural/ Traditional aspects of the city or its Social Ethos. Every city resonates with its own Traditions, Culture and Ethos in our Country. Residents of that city are well versed with those attributes.”

Section 5(54-a) of Madhya Pradesh Municipal Corporation Act, 1956 defines ‘Social Audit’ as the review of the impact of policies, programmes, schemes and procedures adopted or implemented by any municipal authority, by a group or groups of persons residing within the municipal area.

“Learned Amicus Curie and other counsel for the parties intend to suggest certain names therefore, matter is placed next week so that counsel for parties of litigation may suggest pool of such experts from all walks of life so that Technical, Environmental, Sociological, Financial and other disciplines are being covered to get good professionals who may be retired Professors of Government Colleges/ Civil Engineers/ retired Administrative Officers/ Doctors and retired District Judges etc,” the order notes.

It further said that its order can given media coverage so that residents of Gwalior City may give meaningful suggestions to the Committee, which will be formed soon (of residents) and “said information may act as catalyst for residents of other cities and for different Municipal Corporations to transform this concept in reality”.

The court was hearing a Public Interest Litigation plea filed for the revival of Swarn Rekha River for which sewer line flowing along with the river is to be taken care of and encroachments caused in the midst of flow of river are to be removed.

The Court in its order dated January 29, had asked the city Municipal Corporation, the State Government and the Central Government to “work in sync” for the revival of the Swarn Rekha River. The court also said that the Central Government shall also cooperate in this regard under the Namami Gange Project and/or any other project/scheme if required.

In its order dated February 18, the Court had directed Inspection in respect of flow of river in 5 dams and inspection in respect of installation of iron mesh. The Court also directed to further the “Concept of Social Audit” as envisaged in Madhya Pradesh Municipal Corporation, 1956. In doing so, the Court gave liberty to amicus curiae and the counsel for respondents to decide and appoint experts from Citizenry or public at large of City of Gwalior who are well versed with technical knowhow (preferably the engineers/architects) which may be not more than five in number.

Further, in its order dated March 17, the Court noted that the State Government and Municipal Corporation were working in tandem which ultimately leads to successful implementation of a project. “This Court again raises expectations from the citizens as well as residents of Gwalior to ensure that they would also cooperate and help the authorities in making this Historic City as Green as well as Clean City. Officers are also directed to take prompt decision as well as prompt steps to translate revival of Swarna Rekha River, Gwalior in reality.”, the Court said.

During the hearing on May 2, the Court opined that it was time to implement the concept of ‘social audit’ as contemplated in M.P. Municipal Corporation Act, 1956.

“This appears to be the first legislative attempt for recognition of the fact that residents of the city are one of the important stake-holders in Urban Planning, Administration and Development.”, the Court said.

The Court noted that Section 5(54-a) gives public the opportunity to participate in framing of Policies, Programmes, Schemes and Procedures adopted or implemented by any Municipal Authorities within the Municipal Area of a city.

The Court said that the residents of a city can contribute effectively and meaningfully as they have better knowledge and “understanding of the pattern of urbanization, flow of traffic/water bodies, nature and behaviour of public at large and other technical aspects in the city”.

The Court suggested that out of the residents, a panel of experts including retired Professors of Government Colleges, Civil Engineers, Administrative Officers, Doctors and retired District Judges can be constituted who can serve as ‘social auditors’. The Court further suggested that these experts can guide the authorities when a new project is being launched and they even can assess impact of the policies, programme, schemes and procedures adopted and implemented by the Municipal Authorities in that city.

“However, those expert people must be the ‘Social Auditors’ in real sense. They ought to be the men of integrity, intelligence, common sense and must be passionate about the work they are assigned to. Their personal or vested interest should not dominate the opinions given by them. They must work without fear and favour and without ill-will. They should be passionate about the development of the city rather than their own development,” the Court said.

The matter is listed for further hearing on May 7.

Case Title: Vishvajeet Ratoniya Vs The State Of Madhya Pradesh And Others, WP No. 19102 Of 2019

Counsel for Petitioner: Advocate Yash Sharma

Counsel for Respondent/State: Additional Advocate General Vivek Khedkar