The High Court dismissed a PIL seeking mandamus to complete unfinished Indiramma Scheme houses before launching a new scheme, expressing confidence in the State's verification and completion process.
The prayer to issue warrant of mandamus to complete unfinished houses was dismissed.
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HON’BLE THE ACTING CHIEF JUSTICE DILIP B.BHOSALE AND HON’BLE SRI JUSTICE S.V.BHATT
P.I.L.No.233 OF 2015
PC: (Per the Hon’ble Sri Justice S.V.Bhatt)
Heard Smt.B.Rachana, learned counsel for the petitioner and the learned Advocate General (TS).
In the instant Public Interest Litigation (PIL), the petitioner prays for
the following reliefs:
“…….to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus i) declaring the non-compliance and lack of response of the respondent government in completing the incomplete houses already started on a massive scale with enormous investment, by the predecessor government, and instead seeking to abandon the said constructions mid-way, to move on to another housing program spearheaded by the respondent government that has decided to sanction houses under the 2 Bedroom Housing Scheme to eligible poor families with absolutely no guidelines either financial or technical feasibility study in place vis-a-vis the eligible population, as illegal, arbitrary, unconstitutional
ii) to direct the respondent government, especially respondents 1 to 3 to finish the construction of the unfinished houses within a specified time frame first, before embarking on a new housing scheme and iii) pass other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of justice”.
Respondents 2 and 3, on receipt of notice, filed counter affidavit
together with supporting documents.
With the assistance of learned counsel appearing for the parties, having regard to the nature of compliant made in the instant PIL, we have carefully perused the material available on record. During the course of hearing, learned counsel for the petitioner submitted that the stand of respondents in the counter affidavit may be placed on record and the writ petition may be disposed of.
The respondents through additional information dated 23.10.2015
stated that the respondents are considering the cases of eligible candidates and disbursing the amounts as and when the construction of Indiramma houses is completed and informed to the authorities. It is further stated that the process of verification of all the houses already undertaken by the State/C.B.C.I.D will be completed in 10 months. The learned counsel for petitioner requests this Court to issue appropriate directions to respondents to complete re-verification process within 7 months from today. We take note of the ongoing exercise of verification of eligible persons under Indiramma Scheme being undertaken by the State and disbursement of amount as and when the construction is completed and informed to the authorities. We are confident that the State Government will complete the exercise already undertaken as expeditiously as possible and appropriate steps are taken for completion of houses allotted under the Indiramma Scheme or initiate action against erring officers or persons for any dereliction or fraud in implementation of this welfare scheme, as the case may be.
With the above observations, the PIL is dismissed. Consequently, miscellaneous petitions, if any pending, also stand
disposed of.
DILIP B.BHOSALE, ACJ
S.V.BHATT,J
Date: 04.01.2016 Lrkm
THE PETITIONER
RESPONDENTS 1 TO 3
DILIP B.BHOSALE
S.V.BHATT
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
