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Bombay High Court tells Maharashtra government to use funds for loos, water coolers before they lapse

The Bombay high court had to once again nudge the state out of its sloth in using the funds sanctioned for installing toilets, water coolers and seats for litigants in courts across Maharashtra. Absurdly enough, while the state sanctioned Rs5.38 crore for the purpose in August last year, the sum was released on March 2 and will lapse by the end of this fiscal, that is, in exactly a week.

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The Bombay high court had to once again nudge the state out of its sloth in using the funds sanctioned for installing toilets, water coolers and seats for litigants in courts across Maharashtra. Absurdly enough, while the state sanctioned Rs5.38 crore for the purpose in August last year, the sum was released on March 2 and will lapse by the end of this fiscal, that is, in exactly a week.

A division bench of justices Abhay Oka and AP Bhangale reprimanded the government on Wednesday, stating, "The funds were sanctioned after several orders were passed by this court. There was gross delay on the part of the government to release the amount. Hence it is the duty of the government to ensure that it does not lapse and is made available to carry out the essential work."

The court was hearing a public interest litigation by the Litigants Association of Maharashtra which states that toilets and drinking water are not available in many courts.

The bench was upset with the delay in providing these essentials, saying: "We fail to understand the reluctance of the state government to provide elementary facilities to the litigants. These are basic amenities that should be available to every litigant. These are not luxurious facilities."

The judges further observed, "We direct the high court administration to release 75 percent of the Rs5.38 crore to the PWD as deposit and start work to set up toilets and water coolers. The government shall ensure that the funds do not lapse. Even if the amount lapses due to any technical problem, the government shall release it immediately."

Government pleader Abhinandan Vagyani had informed the HC that if the funds lapse, they can be sanctioned only after a fresh proposal is presented during the monsoon session of Vidhan Sabha. But the court stated that it was government's obligation to ensure the funds do not lapse.

The bench was dismayed that although water coolers and purifiers were already there at courts, they had not been installed due to "lack of funds". The next hearing on the petition is on April 15.

The state government had in August last year sanctioned Rs5.38 crore for providing toilets, water coolers and purifiers, and benches for litigants in courts across the state. However, the amount was released only on March 2 this year, and will lapse by March 31. Despite the HC directions, the finance secretary failed to use up the sum before it lapses.

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