IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.25752 of 2008 Between: Kakinada Rajiv Swagruha Welfare Association, rep. by its President Shaik John, S/o. John Saheb R/o. D.No.53, Nirmala Apartments, Duggirala Street, Kakinada, E.G. District. ..... PETITIONER AND 1 The Chairman & Managing Director, A.P. Rajiv Swagruha Corporation Ltd., Bharat Scouts and Guides State Secretariat Complex, 1-2-386, Domalaguda, Hyderabad-29. 2 Chief Secretary, A.P. Housing Board, Government of A.P., Secretariat Buildings, Hyderabad. 3 General Manager (Projects), A.P. Rajiv Swagruha Corporation Ltd., H.No.8-103, Khadi Bandar Road, Rajula Turangi, Kakinada, E.G. District. 4 The District Collector, East Godavari District, Kakinada. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus directing the respondents not to make any construction in the land in respect of S.Nos.221 to 225 of Chollangi Village, Tallarevu Mandal, East Godavari District, as it is near to Sea and consequentially stay of cancellation of allotment of houses to the members, refund of earnest money with interest and to change of site to some suitable place. Counsel for the Petitioner: MR.K.SUBRAHMANYAM Counsel for Respondent Nos.1 & 3: MR.J. PRABHAKAR Counsel for Respondent No.2: MR.D.RANGANATHA KUMAR Counsel for Respondent No.4: G.P. FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.25752 OF 2008 ORDER: Heard the learned counsel for the parties. According to the petitioner Association, its members have been selected for allotment of individual houses proposed to be constructed by the Andhra Pradesh Rajiv Swagruha Corporation Limited under Rajiv Swagruha Scheme, a self-financing scheme promoted by the Government of A.P., and the orders confirming such selection for allotment have been communicated to them. It is the case of the petitioner Association that the land allotted for construction of the said proposed houses, which is situated at Chollangi Village, Tallarevu Mandal of East Godavari District, is not useful for residential purpose as it is low-lying and very near to sea, and therefore the Association has made several representations to the respondent authorities to select alternative land for construction of houses. The grievance of the petitioner Association is that the respondent authorities have not considered the said representations properly and that the 1st respondent has addressed a letter dated 04.11.2008 stating that it is not feasible to accede to the objections raised and suggestions made by the petitioner Association, and subsequently, the 3rd respondent has addressed letter, dated 10.11.2008, to the members of the petitioner Association stating that they have not paid the installment amounts and if they fail to pay the amounts on or before 24.11.2008, the allotment made in their favour stands cancelled without further notice and initial deposit would also be forfeited. Aggrieved by the same, the present writ petition is filed. While admitting the writ petition on 24.11.2008, this Court, by order in W.P.M.P.No.33674 of 2008, directed that status quo as on that date shall be continued as to the allotment of flats in favour of the members of the petitioner Association. A detailed counter affidavit has been filed on behalf of respondents 1 and 3, along with an application seeking to vacate the aforesaid interim order, denying all the allegations made by the petitioner. It is asserted in the counter-affidavit that geo-technical investigation has been got done to know the suitability of the land for construction of houses and consulting engineers have also inspected the land and it was found that the said land is quite suitable for construction of dwelling units. It is further asserted that the members of the petitioner Association have failed to remit the initial payment of 25% amount within the stipulated time and, in fact, having waited for more than one month after expiry of the said stipulated period, as a last chance, they have been intimated, by letter dated 10.11.2008, that the allotment made in their favour would be cancelled in the event of their failure to pay the said amount on or before 24.11.2008, and only to stay such cancellation, the present writ petition has been filed. In the facts and circumstances of the case, without expressing any opinion on merits, the respondents are directed to re-consider and dispose of the objections purported to have been filed by the petitioner Association, as to the suitability of the aforesaid land chosen for construction of houses under Rajiv Swagruha Scheme, within a period of four weeks from today, duly giving opportunity of personal hearing to the members of the petitioner Association. Till such time, cancellation of allotment of houses to the members of the petitioner Association, if any, shall not be given effect to. With the above directions, the writ petition is disposed of. No order as to costs. _________​__________ JUSTICE C.V. RAMULU 11th December, 2008. Note:- Office to dispatch the order within three days. BO IBL