HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos. 18537,14284, 16039,17540, 19578, 20808,20814 AND 32626 OF 2010.
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DATED 17TH OCTOBER, 2014.
W.P.No. 18537 of 2010 Between Gandi Boena Parvathi and ors …Petitioners And The A.P.State Housing Corporation, Rep. by its Managing Director, Hyderabad and ors … Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos. 18537,14284, 16039,17540, 19578, 20808,20814 AND 32626 OF 2010.
COMMON ORDER:
These Writ Petitions are being disposed of by this common order at the consent of the learned Counsel on either side as the issue involved in these cases is same.
These Writ Petitions are filed claiming allotment of houses pursuant to the sanction made for construction of 15,320 houses in the Greater Visakhapatnam Municipal Corporation limits under JNNURM scheme vide G.O.Rt.No.314, dated 20.12.2006 and challenging the proceedings of the second respondent stating that out of 2,801 petitioners covered by these nine Writ Petitions, only 21 petitioners are found eligible for allotment of houses. From the averments made in the affidavits filed on either side and submissions made by the learned Counsel, these nine Writ Petitions covered 2,801 persons who claimed allotment of houses out of 15,320 houses sanctioned in the Greater Visakhapatnam Municipal Corporation limits. It appears that the Government issued G.O.Ms.No.638, dated 28.08.2007 to implement the programme for housing poor on saturation basis in the mission cities of Hyderabad, Visakhapatnam and Vijayawada with the approach adopted under Indiramma Housing Programme with a view to take up enumeration of eligible beneficiaries. The Revenue people along with the officers of the Corporation prepared a list of beneficiaries by conducting a survey which shows that 1,35,324 people were found eligible who were divided into three categories as follows:
I. Hut Category 30,455
II. Semi Pucca Category 36,294
III. Pucca rented category 68,575 Total 1,35,324 Before actual allotment of houses, it was sought to entrust the job of verification to eight non-Governmental Organizations and the first respondent is authorized to conduct verification. The non-Governmental Organizations verified the list of beneficiaries prepared in the joint survey conducted by the Revenue people and officers of the Municipal Corporation and it was noticed that some irregularities were committed by the said Organizations by including non-eligible persons in the list. However, a decision was taken on 20.02.2010 by the District Collector, Visakhapatnam District in the review meeting held in the presence of the District In-charge Minister and others on 24.01.2010 holding that the remaining houses should be allotted from the beneficiaries in the categories which were stated in the said proceedings. Out of 15,320 houses, the Greater Visakhapatnam Municipal Corporation allotted 3,177 houses to the beneficiaries by conducting lottery system. In those circumstances, it was decided to allot remaining houses to the four categories mentioned therein as follows:
“ CATEGORY.I Under INSITU category, the beneficiaries identified 15 localities including Sea Horse Junction in the city limits of GVMC shall be allotted houses under JNNURM.
CATEGORY.II Allotment of houses shall be made to beneficiaries falling under
a) BRTS affected families
b) Road margin encroachers
c) Railway lands
d) Disabled persons
e) Court disputes affected persons
f) Fire accident victims
g) SC & ST atrocities cases
h) Displaced families of VAMBAY Housing Colonies (only as per ID cards) CATEGORY.III Displaced families of Gangavaram Port shall be allotted houses.
CATEGORY.IV.
VAMBAY leftover category:
Ø The list of beneficiaries under VAMBAY scheme forwarded by the Project Director, District Housing Corporation shall be allotted houses.
Ø After allotting to above four categories, if any vacancies are left up to, 15% allotment shall be given to the beneficiaries, who are residing in nearby colonies where houses are constructed/or being constructing under JNNURM scheme.
Ø No fresh lists shall be obtained, only the third party verified lists to be considered for allotment. However, before final allotment, the proposed beneficiaries documents should be thoroughly checked to ensure compliance to guidelines.
Now fresh proceedings were issued by the District Collector, Visakhapatnam district in Rc.No.143/2009/H3/UCDPD/GVMC, dated 16.08.2013 detailing the list of cases and after holding discussions with the Commissioner of Greater Visakhapatnam Municipal Corporation, it was decided to allot remaining houses from the Hut Category beneficiaries enlisted under Indiramma Committee by constituting a team consisting of the following members:
1. Revenue Divisional Officer, Visakhapatnam
2. Project Director, APSHC, Visakhapatnam
3. All Zonal Commissioners of GVMC.
The aforesaid team was directed to carefully scrutinize the list of beneficiaries identified under the Hut Category and fix priorities for selection in the ratio 1:4 i.e. four times the vacant houses i.e. 1497 for drawal of lots.
The position as on today appears that out of 15,320 houses the Greater Visakhapatnam Municipal Corporation could construct 14,251 houses and the remaining 1069 houses could not be taken up due to administrative reasons. Out of 14,251 houses, allotment were given to 12,754 beneficiaries under the five categories identified under proceedings dated 20.02.2010 of the District Collector, Visakhapatnam District. There are only 1497 houses available for which aforesaid proceedings dated 16.08.2013 were issued by the District Collector, Visakhapatnam District. As already stated, the petitioners who are 2801 in number covered by these Writ Petitions obviously could not be covered for the remaining houses.
This Court while disposing of Writ Petition Nos. 26536, 26537 and 26539 of 2010 on 03.11.2010 directed the Commissioner, Greater Visakhapatnam Municipal Corporation to verify the claim of the writ petitioners therein and if they are found to be eligible, the same may be processed in accordance with the Rules in force within a period of 30 days from the date of receipt of a copy of the said order. It is not known whether those writ petitioners were accommodated or not. However, in view of the latest proceedings issued by the District Collector, Visakhapatnam district in Rc.No.143/2009/H3/UCDPD/GVMC, dated 16.08.2013, the respondents are directed to place the case of the petitioners before the Committee constituted by the District Collector in the proceedings dated 16.08.2013 and if they are found to be eligible in the list of beneficiaries originally identified in the survey conducted in the year 2007, consider their case for allotment of houses in accordance with the procedure and law, within a period of six months from the date of receipt of a copy of this order.
The Writ Petitions are accordingly disposed of. Miscellaneous petitions pending consideration in Writ Petitions shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO
DATED 17TH OCTOBER, 2014.
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