`IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.19925 OF 2010 Between : P.Pullaiah and others. ... PETITIONERS A N D Government of Andhra Pradesh and others. …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.19925 OF 2010 ORDER: This Writ Petition is filed seeking to declare the action of the respondents in not extending the benefit granted under G.O. Rt.No.153, dated 07.03.2007, to displaced families under Kandaleru Reservoir of Telugu Ganga Project covered by the same master plan, to the similarly situated petitioners and other displaced families under Sri Pothuluri Veera Brahmendraswamy Reservoir (SPVBR) of Telugu Ganga Project in Kadapa District, as arbitrary and illegal and consequently to direct the respondents to extend the benefit under G.O.Rt.No.153, dated 07.03.2007 to the similarly situated families under SPVB Reservoir, Kadapa. 2. In the affidavit filed in support of the Writ Petition it is stated that Telugu Ganga Project had spread over in four Districts i.e., Kurnool, Kadapa, Nellore and Chittoor. Velugodu balancing reservoir was constructed in Kurnool District and for construction of the said reservoir one village had come under acquisition and submergence. Sri Pothuluri Veera Brahmendraswamy Reservoir was constructed in Kadapa District and six Villages had come under acquisition and submergence. Similarly Kandaleru Reservoir was constructed in Nellore District and 19 villages had come under acquisition and submergence. Respondent No.1 issued G.O.Ms.No.324, dated 01.12.1988 providing the mechanism for preparation of a Master plan for Relief and Rehabilitation of displaced families as per the guidelines and concurrence of Central Government. A Master plan was prepared by the Relief and Rehabilitation Committee constituted under G.O.Ms.No.30 and the same was approved by Central Government in the year 1996. Thereafter respondent No.1 issued G.O.Ms.No.58, dated 01.06.1996 allocating and sanctioning Rs.102 crores for implementation of the said plan. While implementing the said Master plan, it is stated that all the displaced families within the BPL limits will also be eligible for other ongoing State and Central Government schemes for ameliorating the conditions of living of the displaced families. According to the Master Plan, 26 villages are entitled to the benefits of the State and Central Government schemes to BPL families which include construction of houses under Indiramma Pathakam etc. Accordingly, 1985 families except those who have not claimed any benefit for any reasons were paid the construction cost of Rs.25,000/- per unit irrespective of actual construction costs. While so, the State Government has taken a policy decision of enhancing the financial assistance to cover the complete grant for construction of houses for displaced families to those who are below poverty line from the project funds without linking to the ongoing housing programmes under Indiramma Pathakam etc. But the Government had granted the said benefit only to BPL families under the Kandaleru Reservoir, Nellore District. It has enhanced the existing financial assistance from Rs.14,000/- to Rs.40,000/- and it was not extended to all the similarly situated families in respect of other two reservoirs under Telugu Ganga Projects i.e., Velugodu, Kurnool and SPVBR, Kadapa. The said fact of discrimination came to the knowledge of the petitioners vide G.O.Rt.No.153, dated 7.03.2007. The petitioners made a representation on 10.05.2010 to respondent No.2 stating that similar benefits may also be extended to them so as to remove the hardship as well as discrimination. An amount of Rs.17.18 crores was allocated and sanctioned to SPVBR displaced families under the common relief and rehabilitation Master Plan and the funds allocated under housing schemes are still lying unspent to an extent of Rs.3.5 crores and the said funds are with the Project Director, Housing Department/respondent No.5. The financial assistance as a grant for construction of houses for displaced families out of the project funds by de-linking the benefits under the ongoing housing progrrammes like Indiramma Pathakam etc., has to be applied to the petitioners also as was done in the case of displaced families under Kandaleru reservoir vide G.O.Rt.No.153, dated 7.03.2007. Hence, the Writ Petition. 3. Learned counsel for the petitioners contended that for submergence of lands and houses of the petitioners, an amount of Rs.25,000/- per unit was granted; that in respect of others an amount of Rs.53,000/- was granted, but the same was enhanced to Rs.98,000/-; that for that purpose the petitioners made a representation, dated 10.05.2010 to respondent No.2, but no action has been taken. 4. Learned Government Pleader appearing for the respondents contended that as per G.O.Ms.No.324, dated 01.12.1998, appropriate action will be taken and hence, a direction be issued to respondent No.1 to consider the case of petitioners in terms of the conditions laid down in G.O.Rt.No.153, dated 07.03.2007, G.O.Ms.No.68, dated 08.04.2005 and G.O.Ms.No.21, dated 02.07.2011. 5. Appropriate decision has to be taken by respondent No.1 with the regard to the petitioners’ representation, dated 10.05.2010 with reference to the said G.Os. Therefore, respondent No.1 is directed to take appropriate decision with reference to the said G.Os and pass appropriate orders on the representation of the petitioners. For any reason, if the representation of the petitioners is not available with the respondents, the petitioners are at liberty to file fresh representation before respondent No.1 in view of the fact that the said two G.Os. i.e., G.O.Ms.No.153, dated 07.03.2007 and G.O.Ms.No.21, dated 02.07.2011 are issued subsequent to the disposal of earlier Writ Petition. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ______________ K.C.BHANU, J DECEMBER 16, 2011. YVL Note: Issue C.C. within one week. (B/o) YVL THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.19925 OF 2010 16.12.2011 YVL