Calcutta High Court asks Centre to implement MNREGA scheme in Bengal immediately

Kolkata: The Calcutta High Court on Friday directed the Centre to immediately implement the MGNREGA scheme in West Bengal, while granting four weeks’ time to file an affidavit regarding payment of arrears to beneficiaries.

Passing an interim order, a division bench comprising Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen said, "So far as payment of arrears is concerned, four weeks’ time is granted to the Centre and other respondents to file their affidavit-in-opposition." Reply to the averments made in the affidavits-in-opposition may be filed by the petitioners within two weeks therefrom, Acting Chief Justice Sujoy Paul directed.

The PILs being heard together over Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) payment to beneficiaries will be taken up for hearing again after six weeks, the court directed.

The court observed that it had earlier disapproved of the Union government’s action in stopping MGNREGA benefits to the state. That judgment was later challenged before the Supreme Court, but the Centre’s special leave petition was dismissed on October 27.

During the hearing, the petitioners argued that while the respondents may submit their response on the arrears issue, there was no impediment to implementing the MGNREGA scheme prospectively.

Additional Solicitor General Ashoke Kumar Chakraborty, representing the Union government, stated before the court that there is no impediment in implementing MGNREGA in prospective effect.

The court said the question of maintainability of the applications will remain open to be decided.

The HC had in its June 18 judgment said the Centre is empowered to impose special conditions, restrictions and regulations, which have not been imposed in other states of the country, so as to ensure that no illegality or irregularity occurs when the scheme is being implemented in the state.

Noting that the wages for the 100-day job guarantee scheme was not being paid for around three years in West Bengal over allegations of irregularities and illegalities in disbursals to some of the recipients, the court asked the central government to impose checks and balances as required to ensure that real beneficiaries get the benefits of the funds.

Allowing the Centre to continue its inquiry into the allegations of irregularities in some districts of the state, a division bench presided by the then Chief Justice T S Sivagnanam had directed that the scheme be implemented prospectively with effect from August 1.