THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 19887 OF 2011 ORDER : 1. This Writ Petition is filed seeking a writ of mandamus declaring the action of the respondents in not considering the case of the petitioners for allotment of houses constructed under rehabilitation scheme known as ‘Vambay Scheme’ (JNNURM Scheme) in Ward No.12 (old ward no.29) of Greater Visakhapatnam Municipal Corporation, Visakhapatnam though they are eligible, as illegal and arbitrary and consequently direct the respondents to consider the case of petitioners for allotment of houses under the said scheme. 2. Heard both sides. 3. The case of the petitioners, in brief, may be stated as follows: The petitioners are landless poor and living below poverty line eking out their livelihood by doing small works. The fourth respondent proposed to construct houses along with the first respondent to the weaker section people, and under the said scheme, the respondents decided to construct houses to the people who encroached the road in Rajeev Nagar Colony of the then Ward No.29 (now Ward No.12) and a proposal was sent by the first respondent in the year 1999 itself. The petitioners were found eligible under the said scheme and they were given beneficiary numbers. The respondents constructed houses as per the schedule under the said scheme, but they have not allotted the houses to the petitioners even though they are fully eligible and their names were approved on earlier occasion. Inspite of repeated oral and written requests, the respondents are not allotting the houses to the petitioners. Hence, the Writ Petition. 4. The first respondent filed detailed counter affidavit denying the averments in the writ affidavit and stating inter alia as follows: JNNURM Housing Scheme is not a general housing scheme, but it is a categorized housing programme earmarked for only certain categories of beneficiaries who will be considered for housing on priority basis according to G.O. Ms. No.638, Municipal Administration & Urban Development (UBS) Department, dated 28.8.2007 and it is funded by the Government of India to rehabilitate the poor and houseless slum dwellers under whole slum approach, who include INSITU and RELOCATION residing by encroaching railway lands, objectionable encroachments such as gedda, nalla, canal and road margins. Vambay Housing Scheme which was implemented earlier, was exhausted, but some beneficiaries, who paid beneficiary contribution, were left over without allotment of houses under the said scheme, and so, the said persons were accommodated in JNNURM Housing Scheme. The petitioners could not be considered for allotment as they were not identified under the priorities of JNNURM Housing Scheme nor the District Manager, Housing Corporation communicated their names for including under JNNURM Housing Scheme under Vambay left over beneficiaries. Their names could not find place in the list of INSITU beneficiaries of Santhipuram, 12th ward, Visakhapatnam. Allotment under JNNURM Housing Scheme for 15,320 houses sanctioned to GVMC, Visakhapatnam has been completed. Hence, the Writ Petition is not maintainable and is, liable to be dismissed. 5. Learned counsel for the petitioners contended that though the petitioners are eligible for allotment of plots under JNNURM scheme and beneficiary numbers were allotted to them, their applications have not been considered and hence, he prays to give directions to the respondents to consider their cases for allotment of house sites. 6. On the other hand, the learned standing counsel appearing for the respondent-corporation contended that since the petitioners are not eligible under the present scheme for allotment of house sites, question of considering their cases does not arise, and that the allotment of plots to the petitioners under Vambay Housing Scheme is not in existence and therefore their allotment of numbers, if any, to the petitioners does not give raise to cause of action for the petitioners to claim right under the JNNURM Housing Scheme, and hence, he prays to dismiss the Writ Petition. 7. It is the grievance of the petitioners that they gave a representation on 16.8.2010 to allot flats which were constructed under JNNURM Housing Scheme in the year 2007 but no action has been taken thereon by the authorities. The case of the respondent-corporation is that the petitioners do not come under the eligibility criterion under the JNNURM Housing Scheme and none of the names of the petitioners is found in the eligible list of hut dwellers already identified or in the list of beneficiaries of Santhipuram in 12th Ward, Visakhapatnam. It is specifically stated in the counter affidavit that case of none of the petitioners is under the priority category of JNNURM Housing Scheme for provision of house plots and that, the purpose of the Scheme is purely intended to relocate poor and houseless slum dwellers residing in objectionable Government lands such as road, nalla, canal bunds and railway and other objectionable government lands and that the petitioners could not be considered for the priority basis as per the Housing Scheme, but their cases can be considered in near future at appropriate housing scheme according to their eligibility. As far as present Housing Scheme is concerned, the petitioners are not eligible and so the question of consideration of the cases of petitioners, as prayed for, does not arise. 8. The Writ Petition is, accordingly, dismissed directing the respondents to consider the cases of the petitioners at appropriate Housing Scheme according their eligibility. No costs. --------------------- (K.C.Bhanu, J.) 27.10.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 19887 OF 2011 27.10.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 19887 OF 2011 DATED 27.10.2011 Between: Golganani Ramanamma & others …Petitioners And The Commissioner and Special Officer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam & others …Respondents