THE HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.20643 of 2009 Dated : 18-12-2009 Between: S.Mallamma W/o Bala Nagaiah and others …Petitioners A n d District Collector, Hyderabad and others …Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.20643 of 2009 ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not constructing pucca (G+1) houses in place of huts of the petitioners situated at Ambedkar Nagar Slum, behind Railway Nilayam, East Maredpally, Secunderabad as per approved layout on par with other hut dwellers of the locality, as arbitrary and illegal. 2. It seems the petitioners were granted house site pattas in an extent of 60 Square yards each in Survey No.77/B situated behind Railway Nilayam, East Maredpally, Secunderabad as early as in the year 1990. Pursuant thereto, they have constructed houses and living there. Subsequently, it appears that the Government of Andhra Pradesh evolved a scheme through `HUDCO’ and the respondents proposed to construct houses. The hut dwellers of Dr.Ambedkar Nagar Slum have formed into a Society and filed Writ Petition No.12716 of 1990 with an intention to expedite construction as well as to avoid dumping of other hut dwellers. The said writ petition was disposed of on 22.8.1994 while directing the respondents to conduct a socioeconomic survey and to construct the (G+1) houses and directed the petitioners therein to cooperate with the process of construction. There were 228 families including the petitioners staying in Dr.Ambedkar Nagar Slum. Now, the grievance of the petitioners is that though the housing scheme was taken and houses were built up, except the area, which was occupied by the petitioners wherein small huts have been constructed, the entire area was developed and handed over to the deserving people. So far, the area in which the petitioners are living, neither possession is being taken up nor G+1 houses were constructed. 3. On instructions, learned Government Pleader stated that in Ambedkar Nagar Rail Nilayam Slum, house site pattas have been given in three phases to as many as 362 families. Initially, 16 pattas were given and in the 2nd phase 228 pattas were given. In the 3rd phase, 118 pattas were given. Due to disputes among the beneficiaries, housing scheme has not been taken up for a long time. The disputes were mainly with regard to allegations that some of the beneficiaries are ineligible purchasers and encroachers. In order to resolve the dispute, in the year 1998, the then Mandal Revenue Officer, Marredpally and housing officials have conducted a door-to-door survey. Apart from this, a committee called “Nija Nirdharana Sangam” was constituted by a local MLA who enquired into the eligibilities of the residents of Ambedkar Nagar Railway Nilayam Slum for getting the pattas. The finding of the enquiry made by Revenue and Housing Officials have tallied in most of the cases with that of “Nija Nirdharana Sangam”. However, this was not given finality. Hence the enquiry in 1998 was conducted afresh by the Revenue and Housing officials. The eligibility and the final list prepared on the outcome of the enquiry, which was jointly conducted by the Revenue and Housing officials is considered to be authentic. The HUDCO scheme was duly completed except the G+1 over the Plots No.173 to 177 as the patta holders/occupants i.e., petitioners herein have not vacated the plots for construction of houses under the said scheme. Further, the petitioners have not even fulfilled the conditions of HUDCO scheme. It is further stated that since the petitioners have not availed the HUDCO scheme by handing over the site to the authorities and the said scheme is now not in force, the revenue authorities have moved proposals to built G+3 houses in the said plots 173 to 177, at Ambedkar Nagar Railway Nilayam Slum under “JNNURN” scheme. The construction activities will be started by the MCH after grant of permission and taking over possession from the petitioners herein. 4. In view of the above assertion given by the respondents, the Writ Petition is disposed of directing the respondents to expedite the construction of the houses in the plots of the petitioners. 5. The writ petition is disposed of accordingly. No costs. ____________ C.V.RAMULU, J Dt.18-12-2009 RAR THE HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.20643 of 2009 DATED : 18-12-2009