THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.10687 of 2005 Date : 17-03-2011 Between : D.Pydithalli & Others .. Petitioners and The Visakhapatnam Municipal Corporation, rep. by its Commissioner, Visakhapatnam and Others .. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.10687 of 2005 ORDER : The petitioners belong to the weaker sections of the society. They have filed this Writ Petition seeking to declare the action of the respondents in not considering the allotment of houses to them in Block Nos. A, B, C & D over an extent of 150 square yards of land situate in Basavataraka Rama Colony, 27th Ward, Rajendranagar, Visakhapatnam as per the scheme finalized under the A.P. Slum (Improvement and Acquisition of Land) Act, 1956, as illegal and consequently to direct the respondents not to exclude them under the Valmiki Ambedkar Avas Yojana Programme. It is the case of the petitioners that they have been residing in a portion of land covered by Block Nos.A, B, C & D situated at Rajendranagar, slum of Visakhapatnam for the past over 30 years. The said area has been approved under the Slum Improvement Scheme and the petitioners have been issued identity cards certifying their residence at the said slum. It is claim that the petitioners are beneficiaries of the said scheme and contend that they are entitled to be allotted the dwelling units that would be constructed under the scheme. However, as the respondents excluded the petitioners from consideration purportedly on the ground that the petitioners do not fall within the parameters of the scheme being employees and economically well off, the petitioners have filed this Writ Petition for the aforesaid relief. Heard Sri P.Durga Prasad, learned counsel for the petitioner and Sri N.Ranga Reddy, learned standing counsel for the 1st Respondent- Municipal Corporation. The learned counsel would submit that this Court has considered an identical case pertaining to the same scheme and fact situation in W.P.No.22294 of 2003 and issued directions. The counsel therefore submit that the said directions squarely cover the case of the petitioners in this Writ Petition. In the light of the said representation, this Writ Petition is allowed with the following directions : (i) The respondents shall undertake construction of the same type of dwelling units for the benefit of the petitioners also in the land in T.S.No.5, admeasuring Ac.1.32 cents; (ii) The petitioners shall not be entitled for the subsidy provided for under the Scheme. The feasibility of arranging loans to them may however be considered if it is otherwise permissible; (iii) The petitioners shall initially deposit an amount of Rs.30,000/- each with the respondents. In case, the loan is not sanctioned within 3 months from today, they shall deposit the balance of Rs.20,000/- also with the respondents; (iv) The petitioners shall vacate the areas under their occupation, within 3 weeks from today and hand over the same to the respondents; and (v) On completion of the construction, the respondents shall allot the dwelling units to the petitioners along with other beneficiaries, on ensuring that nothing is due from them towards cost of construction viz., Rs.50,000/- per unit. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 17th March, 2011. skmr