IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SIXTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 12084 of 2009 Between: Gaddam Venkateswara Rao and others. ..... PETITIONERS AND State of Andhra Pradesh rep.by its Principal Secretary to Municipal Administration and Urban Development (K2) Department, Secretariat, Saifabad, Hyderabad and others. .....RESPONDENTS Order: The petitioners, who are 19 in number, claim to be houseless poor persons and belong to weaker section of the society. They filed the present writ petition inter alia contending that the respondents are insisting them to vacate their respective houses and sites, without there being any justifiable reason. The petitioners state that their forefathers occupied small extents of sites ranging from 40 to 120 sq.yards in Ward No.53, Vijayawada Nagar and K.L.Rao Colony, Vijayawada Municipal Corporation Limits and raised tiled, RCC and Asbestos sheet roof structures and living therein since time immemorial. After their demise, the petitioners, who are their legal heirs, claim to be in possession of the same. They state that the second respondent-Vijayawada Municipal Corporation has even assigned door numbers, provided drinking water taps and other basic amenities. They also state that their houses were even assessed to house tax, they were granted voter identity cards and household supply cards. It is also their case that they have applied for regularization in terms of G.O.Ms.No.166, dated 16.02.2008, and the same is pending consideration. While so, it is the grievance of the petitioners that on 16.06.2009, the respondents visited their sites and houses, and started survey work and that on 17.06.2009, deployed heavy building demolition machinery and threatened to demolish their houses. Hence, the present writ petition. The second respondent-Corporation has filed a detailed counter affidavit in the matter denying the allegations made by the petitioners in the writ affidavit. It is stated in the counter affidavit that though the petitioners claimed to have made applications for regularization of their sites in terms of G.O.Ms.No.166, dated 16.02.2008, the same cannot be regularized since they are canal bund encroachments which are objectionable encroachments. It is also stated that as a social welfare measure, the Government is providing houses to the urban poor under JNNURM Scheme and under the said Scheme, the Vijayawada Municipal Corporation has been sanctioned 18,000 houses. It is further stated that in the process of allotment of pucca houses to the eligible persons under the said Scheme, when the Corporation intended to evict the encroachments at Vijayadurga Nagar and K.L.Rao Nagar, the petitioners are not cooperating with the respondents and not allowing them to conduct survey. At the hearing, it is submitted by the learned Standing Counsel appearing for the second respondent-Corporation that the process of identification of beneficiaries for being allotted pucca houses under JNNURM Scheme will take three months. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents. Though the petitioners claim to have made applications seeking regularization of their respective sites and houses in terms of G.O.Ms.No.166, dated 16.02.2008, the fact remains that the same cannot be regularized since they are canal bund encroachments. However, taking into consideration the submission made by the learned Standing Counsel across the Bar that the Vijayawada Municipal Corporation has been sanctioned 18,000 houses under JNNURM Scheme and is in the process of allotment of the same to the eligible persons, I deem it appropriate to dispose of the writ petition with the following directions: (i) The petitioners are directed to submit applications to the second respondent-Corporation for being considered for allotment of houses under JNNURM Scheme, within a period of one week from the date of receipt of a copy of this order, which shall be considered in accordance with law; (ii) The second respondent-Corporation is directed to complete the process of identifying the beneficiaries for being allotted houses under JNNURM Scheme and conduct necessary survey, expeditiously, within a period of three months and thereafter, issue letter of allotments to the eligible persons and (iii) Insofar as ineligible persons and who have encroached upon the Government land are concerned, the second respondent-Corporation is at liberty to evict such persons. With the above directions, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date:26.10.2009 VGB