IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.10549 OF 2010 Between : M/s. Mother Theressa Hut Dwellers Weldare Association, Rep.by its Secretary. ... PETITIONER A N D The Vijayawada Municipal Corporation and others. …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.10549 OF 2010 ORDER: This Writ Petition is filed seeking to declare the action of respondent No.1 in issuing the impugned proceedings vide R.C.No.G.2-135802/09, dated 18.03.2010, as illegal and arbitrary and consequently to set aside the same and direct respondent No.1 to give opportunity to the members of the petitioner association to submit their representations and provide alternative accommodations, which is available at Vambay Colony, Payakapuram, Vijayawada. 2. It is stated in the affidavit filed in support of the petition that the petitioner association consists of 229 members, who are daily wage labourers. The members occupied the Government land for the last 50 years and are enjoying the property without any disturbance. Respondent No.1 also issued Residence Certificates and collected taxes from the members. The Association made a representation before the Government for allotment of house sites to the association members, who lost their houses at the time of road widening for N.H.5 development at Krishna Lanka in the year 1997. After receiving the representation from the members, respondent No.1 conducted survey and issued identity cards to all occupants of Government Porambokes including canal bund. Therefore, respondent No.1 did not take any further steps for allotment of house sites or alternative remedies. Thereafter, the petitioner association filed W.P.No.14741 of 1999 before this Court for consideration of their representation for allotment of house sites. On 18.11.1999, this Court disposed of the Writ Petition and directed the respondents to verify the list of members of the petitioner’s association; also directed respondent No.1 to verify whether any of the members mentioned in the list annexed to the Writ Petition were evicted from Krishna Lanka in connection with road widening; and to consider their case and provide alternative accommodation near Kundavari Kandrika Colony or some other place depending on the eligibility and genunity of their claim within a period of two months from the date of receipt of that order. Thereafter, respondent No.1 conducted survey and identified the victims and issued Residence Certificates, but respondent No.1 did not provide any alternative accommodation to the members of the petitioner association. The petitioner association again filed W.P.No.1994 of 2002. On 27.06.2005 this Court disposed of the Writ Petition and directed respondent No.1 to give opportunity to all the individual members of the association with liberty to submit their representations for alternative accommodation. On 4.5.2006 the members approached respondent No.1 and requested to receive the representations and provide alternative accommodation. But, respondent No.1 rejected the representations. On 20.3.2007, respondent No.1 without verifying the members representations and without following the directions of this Court, suo - motou passed an order and rejected to provide alternative accommodation. Thereafter, the members personally approached respondent No.1 and requested to receive their representations, but respondent No.1 did not consider the same. On 7.11.2008, the Joint Secretary of Municipal Administration & Urban Development sent a memo to respondent No.1 calling for the remarks, but there is no response from respondent No.1. Thereafter on 9.11.2009, the Chief Minister’s office sent a urgent letter to the Collector, Krishna District to forward the letter to respondent No.1 and ordered to verify the matter and take necessary action in the matter as per rules and report to the office. Respondent No.1 kept silent and did not report to the Collector. On 19.11.2009 respondent No.3 sent a Memo to respondent No.1 directing the Commissioner, Vijayawada Municipal Corporation, Vijayawada, to look into the matter and arrange to furnish a detailed report to Government urgently without any further delay and sent to Chief Minister’s Office. Respondent No.1 simply received the same and did not respond to the Memo. On 3.02.2010 again the petitioner association made representation before respondent No.1 and requested to consider the representation. After disposal of second writ petition, respondent No.1 conducted enquiry basing on the member’s list and issued identify cards to ten members only. Therefore, respondent No.1 without considering the representations of the members of association and without giving any opportunity to submit their representations and without following the orders of this Court, addressed a letter to respondent No.3 stating that the members who are claiming alternate allotment do not have any legal right whatsoever and they are also not the actual occupants of the evicted huts at the time of effecting eviction in the year 1997 and requested the Government to reject the request of the petitioner’s association members in the matter and respondent No.1 closed the file without receiving the representations. Hence, the Writ Petition. 3. The first respondent filed counter affidavit denying the averments made in the writ affidavit and stating inter alia as follows: On two occasions the members of petitioner association approached this Court by way of filing WRit Petitions and this Court disposed of the same. As per the orders of this Court, necessary orders were issued in favour of members of the petitioner association. The Municipal Corporation issued identity cards to all occupants of Government Porambokes including the canal bund in the year 1987. Thereafter, respondent No.1 issued proceedings, dated 20.03.2007 informing the petitioner association that the representation for alternative accommodation to the members was rejected. The members of the association submitted a list of 229 members for allotment of houses, whereas 13 members were allotted with houses even prior to filing of the Writ Petition. Now the petitioner association filed representation before the Chief Minister along with list containing 232 members. Issuance of identity cards or making application for construction of houses cannot be considered for the purpose of allotment of house sites, since such allotment will be made in favour of those actually evicted at the time of effecting the road widening. The real victim at the time of eviction will be considered as genuinely effective person and his case only can be considered for allotment of alternative accommodation. On 20.03.2007 respondent No.1 passed impugned order stating that the members of the petitioner association are not eligible persons to get the houses, house sites. 4. Learned counsel for the petitioners contended that the members of the petitioner association were duly evicted from the canal bund for the purpose of road widening in the year 1997; that out of 227 members, only the cases of 13 members were considered and the cases of rest of the members were not considered and hence, he prays to issue a direction to consider the case of rest of the members of the petitioner association. 5. On the other hand, learned Standing Counsel appearing for the respondents contended that the case of the members of the petitioner association has already been considered several times; that if the members of the petitioner association are not the genuine persons, the question of considering their cases does not arise. 6. It is not in dispute that certain members of the petitioner association were evicted from the canal bund for the purpose of road widening of N.H.5, Krishna Lanka, Vijayawada in the year 1997. The Municipal Corporation has issued identity cards to all the occupants of the Government Porambokes including canal bund. Those cards were issued so as to identify the number of encroachers and to assess the number of houses required, if they are evicted. According to the case of the respondents, the persons who were evicted in the year 1996- 1997 were allotted houses at Kundavari Kandrika colony, Vijayawada. The case of the respondents is that the cases of real victims at the time of eviction have been considered genuinely and their cases have been taken into consideration for allotment of alternative accommodation. Though the petitioners were saying that they were in the occupation of canal bund by the date of eviction for the purpose of road widening in the year 1997, not even a single document is filed to show that they were residing on the canal bund by raising huts/houses at the time of eviction and that they were issued any identity cards by the Municipal Corporation. Therefore, in the absence of any prima facie evidence or material to show that the members of the petitioner association are the genuine persons who were living on the canal bund as on the date of eviction in the year 1996-1997, the question of considering their case for providing alternative accommodation of house sites or houses does not arise. Therefore, the case of the members of the petitioner association has been considered in a right perspective by the Commissioner and passed the impugned order stating that as the members of the petitioner association are not the genuine persons. So, the question of allotting alternative house sites or houses to them does not arise. Hence, the writ petition is devoid of merit and is liable to be dismissed. 7. Accordingly, the Writ Petition is dismissed leaving open the remedies available to it under law. There shall be no order as to costs. ______________ K.C.BHANU, J DECEMBER 13, 2011. Note: Issue C.C.within three (3) days. (B/o) YVL THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.10549 OF 2010 13.12.2011 YVL