Madhya Pradesh High Court: In a Public Interest Litigation (PIL) seeking revival of the Swaran Rekha River in Gwalior, a Division Bench of Anand Pathak and Hirdesh, JJ., issued directions to invoke ‘Social Audit’ for civic accountability and urban governance for the revival of Swaran Rekha River.
The instant writ petition, seeking revival of the Swaran Rekha River, highlighted various concerns including the need to address sewage flowing into the river and to remove encroachments obstructing its natural flow. The petition aimed at not only ecological restoration but also sought systemic urban governance reforms. The key issues included —
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Revival and restoration of Swaran Rekha River.
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Removal of encroachments along the riverbed.
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Implementation of effective urban planning and public participation mechanisms.
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Enforcement of the concept of “Social Audit” as contemplated under the Madhya Pradesh Municipal Corporation Act, 1956.
The Court acknowledged that despite interim orders, “much is to be done yet.” The Court stated that a pivotal concern addressed is related to the implementation of ‘Social Audit’ in urban governance. The Court referred to the definition and legislative framework for social audits under Sections 5(54-a) and 130-B of the M.P. Municipal Corporation Act, 1956 and notes that “Social Audit – means 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.”
The Court emphasised that this is 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 asserted that “such incorporation of ‘Social Audit’ is in fact an important milestone in Urban Governance…”
The Court further stated that “residents of that city are well versed with those attributes… Their vision and suggestions many a times can be real value addition” as attention of the Officers/Engineers, appointed on tenure basis by Municipal Corporation, sometimes slip from “vital Cultural/ Traditional aspects of the city or its Social Ethos.” The Court considered the residents, particularly those with technical or professional expertise, better equipped to provide long-term vision and meaningful contributions.
“…Even in technical/ financial and other specialized aspects involved in Urban Management, residents of the city can contribute effectively and meaningfully. Pattern of urbanization, flow of traffic/ water bodies, nature and behavior of public at large and other technical aspects are within the knowledge and understanding of the residents of that city.”
The Court elaborated on the kind of individuals suited to perform the role of Social Auditors and stated that “they ought to be the men of integrity, intelligence, common sense and must be passionate about the work they are assigned to… They must work without fear and favour and without ill-will.”
The Court issued the following directions —
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Invited names of experts from multiple disciplines (technical, financial, environmental, sociological, etc.) to form a committee of Social Auditors.
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Directed the Amicus Curiae and parties’ counsel to suggest a pool of qualified and credible individuals from varied backgrounds such as retired professors, civil engineers, administrative officers, doctors, and judges.
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Encouraged media coverage of the order so that residents of Gwalior can contribute suggestions and other cities and municipal corporations can adopt similar practices to operationalize the concept of Social Audit.
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Listed the matter for the next hearing on 07-05-2025.
[Vishvajeet Ratoniya v. State of M.P., WP No. 19102 of 2019, Decided on 02-05-2025]
Advocates who appeared in this case:
Shri Yash Sharma, Counsel for the Petitioner
Shri Vivek Khedkar, Additional Advocate General, Counsel for the Respondent No. 2 and 3/State
Shri Deepak Khot, Counsel for the Respondent No. 1 and 4/Municipal Corporation Gwalior and Gwalior Smart City Development Corporation Ltd.
Shri Praveen Kumar Newaskar, Deputy Solicitor General, Counsel for the Respondent No. 6
Shri Avdesh Singh Tomar, Counsel for the Intervenor
Shri K.N. Gupta, Senior Advocate as Amicus Curie
