Calcutta HC directs Centre to immediately resume work under MGNREGA in Bengal

Kolkata: The Calcutta High Court on Friday directed the Centre to immediately resume the 100-day work in Bengal under MGNREGA.

A division bench of Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, while hearing the matter, observed that MGNREGA work should start in Bengal without delay.

“As accepted by all the parties that there exists no impediment for implementing MGNREGA with prospective effect, we deem it proper to implement the MGNREGA scheme forthwith,” the bench said.

During the hearing, senior state counsel Kalyan Bandhopadhyay submitted that arrears due to workers must also be released. “Disbursement of wages of the labour and starting of MGNREGA — the Central Government is to pay the wages, but the State Government has already disbursed some. There is around Rs 4,500 crore in arrears,” he said.

Additional Solicitor General Ashok Chakraborty, appearing for the Centre, argued that there had been “absolute misappropriation of funds by the state,” and said that an enquiry had already been conducted against it.

The court directed the Centre to file its affidavit in opposition within four weeks regarding the disbursement of wages, while the petitioners have been given two weeks thereafter to file their affidavit in exception.

The matter will be listed for further hearing after that.     

The scheme has remained suspended in Bengal for nearly three years. The state government has repeatedly alleged that the Centre withheld funds for the project, leading to its halt. Earlier in June this year, a division bench comprising then Chief Justice T S Sivagnanam and Justice Chaitali Chatterjee (Das) had ordered the relaunch of MGNREGA in West Bengal. The court had directed that work be resumed from August 1 this year.

The Centre later challenged that order before the Supreme Court. A bench of Justice Vikram Nath and Justice Sandeep Mehta had dismissed the Centre’s plea, thereby upholding the Calcutta High Court’s directive. Subsequently, a plea was filed in the High Court seeking enforcement of the order for immediate implementation.

The Bengal government has also started necessary preparations to resume the 100-day work scheme under MGNREGA. All the district administrations have been asked to complete the

verifications of information of job card holders and update e-KYC for the resumption of the scheme.