The Calcutta High Court on Friday directed the Union government to immediately implement the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme in West Bengal and granted four weeks to file an affidavit on the issue of pending arrears to beneficiaries.
A division bench comprising Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, while passing an interim order, observed, “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.” The bench also allowed the petitioners to file replies within two weeks thereafter and scheduled the next hearing after six weeks.
The bench noted that it had previously disapproved of the Union government’s decision to withhold MGNREGA benefits in the state. That judgment had been challenged before the Supreme Court, but the Centre’s special leave petition was dismissed on October 27.
Taking note of this development, the court reiterated that there was no longer any obstacle to implementing the scheme in the state. “There is no impediment in implementing MGNREGA in prospective effect,” Additional Solicitor General Ashoke Kumar Chakraborty, appearing for the Union government, told the bench.
While permitting the Centre to continue its inquiry into alleged irregularities in the scheme’s implementation across some districts, the court emphasised that these proceedings could not be used to indefinitely halt the welfare programme for genuine beneficiaries. The bench clarified that the question of maintainability of the petitions would remain open for adjudication at a later stage.
The case arises from public interest litigations seeking directions for resumption of MGNREGA in West Bengal, where payments under the scheme have reportedly been stalled for nearly three years due to allegations of large-scale irregularities.
Earlier, in its judgment dated June 18, a bench led by then Chief Justice T. S. Sivagnanam had observed that while the Centre was empowered to impose “special conditions, restrictions and regulations” to ensure transparency and legality, such measures could not justify a total stoppage of the scheme. That bench had directed the Centre to resume implementation of MGNREGA prospectively from August 1, while continuing its investigation into irregularities.
The High Court’s fresh directive requires the Union government to file its affidavit detailing the proposed plan for clearing arrears and implementing the scheme, while also ensuring that funds reach the rightful beneficiaries. The matter will now be taken up for further hearing after six weeks.
