Approvals during 2007-13 were outside the scope of law:High Court

Taking the lid off yet another irrigation scam in Maharashtra, the Aurangabad bench of Bombay High Court has termed approval to all 189 irrigation projects worth Rs 5,600 crore between 2007 and 2013 as outside the scope of the law.

Pointing out 48 irrigation projects where the work has yet not begun, the High Court, in its order dated December 18, has said that the State Government is expected to conduct an inquiry into the serious irregularities which have occurred in awarding the contract for these projects. “The Government shall take appropriate decision thereafter,” said the order.

The court, while hearing a Public Interest Litigation (PIL) filed by Pradeep Purandare, ex-associate professor at Water and Land Management Institute (WALMI) has termed that all these projects fall outside the purview of Maharashtra Water Resources Regulatory Authority Act (MWRRA), 2005.

The High Court order to initiate inquiry may increase troubles for senior Nationalist Congress Party (NCP) leaders Ajit Pawar and Sunil Tatkare, who are already facing allegations of corruption in irrigation scams. Both leaders have been Maharashtra’s Water Resources Minister during the period.

The Act mandates the preparation of Integrated State Water Plan (ISWP) which is to be executed through the regulatory authority. As per the statutory timeframe, the ISWP should have been prepared way back in 2006 itself. In the absence of such statutory ISWP, the water policy in the entire State was rudderless. Following the inquiry, the Government may proceed further only after compliance of the provisions of the Act of 2005.

The order observes that contractors were paid money without commencement of the work. “It is surprising as to why before even finalisation of the project design, administrative approval was accorded, tenders were floated and work orders were also issued,” the court observed. The division bench of Justices R. M. Borde and A.I.S. Cheema has asked the state government to investigate the matter.

Moreover, it was noticed by the High Court that the orders of the Governor relating to allocation of funds or outlays were violated and that there is a mismatch between the allocation and expenditure for Vidarbha and Marathwada regions and the diversion of funds to the rest of Maharashtra. Taking note of such orders issued by the Governor of Maharashtra, the High Court has directed the State Government to place on record the details in respect of region-wise allocation of funds, the amount actually spent for irrigation projects and excess/shortfall in expenditure.