Punjab-Haryana High Court
Rajiv Indira Colony Labour Welfare ... vs State Of Haryana And Others on 19 January, 2012
Bench: Hemant Gupta, A.N. Jindal
CWP No. 17641 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 17641 of 2010
Date of Decision: 19.01.2012
Rajiv Indira Colony Labour Welfare Association, Panchkula and others
........Petitioners
Versus
State of Haryana and others
.......Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE A.N. JINDAL
Present: Mr. Amit Jhanji, Advocate
for the petitioners
Mr. Aman Chaudhary, Addl. A.G. Haryana
for respondent No. 1
Mr. J.P. Bhatt, Advocate
for respondents No. 2 to 4
HEMANT GUPTA, J.(ORAL)
The present petition has been filed by Rajiv Indira Colony Labour Welfare Association through its different office bearers claiming writ of certiorari quashing memo dated 13.9.2010 whereby respondents have proposed to allot the flats to the petitioners under the Ashiana Scheme, though earlier allotment letters of the plots were issued to some of the petitioner association.
The petitioner-association is an association of jhuggi dwellers settled in Rajiv Indira Colony, Sector 17, Panchkula. The respondents were considering various proposal for rehabilitation of jhuggi dwellers including that of the petitioner-association dwelling at Rajiv Indira Colony at Sector 17, Panchkula in 1995. At one stage, CWP No. 17641 of 2010 2 the proposal was to offer plot measuring 3 x 7 meter for a period of 99 years on lease hold basis. Rs.10000/- was to be deposited by the persons towards cost of project i.e. Rs. 2,500/- alongwith application at the time of registration and the balance in six annual installments. In pursuance of such scheme, 307 persons were issued allotment letters. Apart from such 307 persons, there were 2449 persons who applied for plots but were not issued allotment letters.
Some other Jhuggi dwellers filed writ petition before this Court bearing CWP No. 11637 of 1996 titled as Azad Bharat Colony and another vs. State of Haryana and others which was allowed on 19.4.1999. The said jhuggi dwellers claimed parity with the persons residing in Rajiv Indira Colony, Panchkula.
It is contended that allotment letter for the purpose of rehabilitation has been initially for jhuggi dwellers of Rajiv Colony but they have been discriminated. The prayer was for allotment of plots. The Division Bench of this Court had issued the following directions:-
(i) "The respondents shall constitute Committee preferably headed by the Chief Administrator, H.U.D.A. for providing alternative sites to those who have been living in jhuggi/jhopri colonies for the last 5 years or more. The period of 5 years has been chosen by us because it is an admitted fact that most of the petitioners have been living in jhuggi/jhopri colony for 10 years or more except those who are petitioners in C.W.P. No. 9184 and 9621 of 1997.
(ii)The Committee shall, after getting conducted a survey of the colonies, determine the seniority based on the CWP No. 17641 of 2010 3 length of occupation of the residents of jhuggi/jhopri colonies in the respective urban estates.
(iii) The Committee, may frame appropriate policy for allotment of available, E.W.S. Houses or plots to the petitioners and other residents of jhuggi/jhopri colonies in accordance with their seniority at the rates enumerated in the policy already framed by the H.U.D.A.
(iv)Those who cannot be accommodated by allotment of existing E.W.S. houses/plots shall be offered alternative sites at a maximum distance of 7 to 10 kilometers from the present places of their colonies (This distance has been indicated by us keeping in view the observations made by the Supreme Court in Olga Tellkis Vs. Bombay Municipal Corporation (supra) in the context of the right to livelihood).
(v)The plots to be offered to the residents of jhuggi/jhopri colonies shall not be of more than two Marlas size.
(vi)Those who accept the offer of allotment of E.W.S. houses must vacate the site within 2 months. Those who are offered the plots should be given maximum nine months to raise construction and vacate the present site. Those who do not accept the offer of allotment shall be liable to be evicted without any further notice."
The Special Leave Petition against the said order was CWP No. 17641 of 2010 4 dismissed as another scheme of rehabilitation was framed.
The petitioner has pointed out that a public notice was issued vide Annexure P-8 in respect of the persons who were writ petitioners before this Court in CWP No. 11637 of 1996 or the respondents in the Civil Appeal before the Hon'ble Supreme Court that a rehabilitation scheme has been proposed for rehabilitation in residential units (Ashiana Scheme). The said scheme was to be implemented only in respect of those persons who are in possession of land of HUDA for a period of 5 years to be counted till 19.4.1999. The relevant features of the scheme are as under:-
1. "This scheme is only for those persons, who are petitioners in the petitions filed in Hon'ble High Court or are respondents in the Civil Appeal filed in Hon'ble Supreme Court. This scheme is only one time and cannot be treated as an example in future.
2. This scheme will be implemented only in respect of those persons, who are in possession of the land of Haryana Urban Development Authority situated at Panchkula. The period of five years will be counted till 19.4.1999 (as has been fixed in Petition No. 11637/1996). The time frame will be counted on the basis of proofs submitted i.e. voter card, ration card etc.
3. The eligible applicants shall have to apply for the allotment of constructed residential home for allotment under this scheme within one month of this publication.
The applicant shall have to submit an affidavit to this CWP No. 17641 of 2010 5 effect that he will be bound to deliver the vacant possession of the land occupied by him peacefully, without any dispute within two months of the allotment of the house. Only thereafter the possession of the constructed building allotted to them will be given. The application will be signed/thumb impressioned by all the members and a family photograph will be attached. Haryana Urban Development Authority will again obtain the thumb impressions and finger impressions of all the members of the family.
4. The above said allocation will be made on the basis of Jawahar Lal J.N.U.R.A./Ashiana Scheme for the lower income category. The applicants who are not competent to give the price, they can opt for the option for paying fee of Rs. 500/- per month.
5. That the above said allotment/allocation shall be non transferable for a period of 20 years. The permission for transfer will not be given in any manner, which also include appointing General Power of Attorney, executing a gift deed or transfer by Will, except the family partition. In order to ensure that the beneficiary is living in the allotted residential unit himself, half yearly survey will be got conducted by the HUDA through its officers and officials (the finger prints of the allottee will be obtained at initial stage). In case it is found that the beneficiary is not himself residing in the allotted residential unit, the allotment will automatically CWP No. 17641 of 2010 6 stand cancelled. The allottee can also be tried for allegations of cheating/fraud.
6. In case any beneficiary intends to return the allotted residential unit, in that event, 10% amount of the total price of the unit will be deducted and the balance amount will be returned to him.
7. In case any eligible applicant fails to submit application within stipulated period, then the Haryana Urban Development Authority shall have the right in compliance of the orders dated 19.4.1999 of the Hon'ble High Court to initiate the proceedings for getting him evicted from the possession of said land without any prior notice. The amount deposited for the said unit will stand forfeited.
8. The Chief Administrator, Haryana Urban Development Authority shall be competent to take any decision in order to implement this scheme in a clear and fair manner and in order to remove any hinderance, difficulty.
9. One residential unit (360 sq. feet constructed area) will be allotted to the beneficiary on the following amounts:-
General Category Rs. 2,43,320/-
SC/BC/OBC/Handicapped Rs. 2,40,630/-
It has also been decided to receive the balance amount of the residential unit from the beneficiaries as per the following conditions:-
(a) At the time of application - Rs. 9600/- for general CWP No. 17641 of 2010 7 category and Rs. 8000/- for SC/BC/OBC/handicapped category.
(b) The balance amount of Rs. 2,32,630/- will be received in monthly instalments in a period of 20 years and 7% interest will be taken thereon the monthly instalment will be Rs. 1803/-.
(c) It is also made clear that there is also a provision that in case any beneficiary is unable to make the payment under E.M.I. Scheme, he can deposit Rs.
500/- as rent per month.
All the above petitioners/applicants in the above said petitions are requested to submit their applications within one month of the publication of this notice together with proofs with Estate Officer, Haryana Urban Development Authority. The incomplete applications will be not accepted."
Letter dated 13.9.2010 (Annexure P-9) was issued to avail the benefit of such Ashiana Scheme framed for jhuggi dwellers. The last date for submitting the application was fixed as 13.8.2010.
The grievance of the petitioner is that though earlier the plot was offered for allotment but now instead of plot, a constructed dwelling unit is being allotted. Such allotment of dwelling unit is against the policy of Haryana Urban Development Authority as noticed and considered in the earlier judgments.
In the written statement to the writ petition, it is pointed out that in a survey, total number of 4149 beneficiary families were CWP No. 17641 of 2010 8 identified. Out of total identified beneficiaries, 2756 applied along with registration fee of Rs. 1000/- to seek allotment of plots. The area falling under Rajiv Indira Colony was planned and a total of 3827 sites having dimensions 3 m x 7 m = 21 Sq. Mtrs. were carved out. Thereafter, to implement the scheme, it was decided that block wise development, allotment and shifting may be made. At first stage, a block of 540 plots was developed and 525 families were identified for rehabilitation in the above said block. Out of 525 families, 377 dwellers were considered for draw of lots. The draw of lots of these plots was held on 9.2.1996 and out of these successful applicants, allotment letter in favour of 306 were issued. The allotment in favour of remaining 71 successful applicants could not be issued as land was found under further encroachment. However, the residents did not come forward to take possession of the plots and demanded plots of 2 Marla. The said scheme was revoked. The Ashiana Scheme has been framed . It is averred that earnest money deposited by applicants shall be adjusted towards the cost of flat and the claim of the encroachers is being considered in terms of eligibility criteria enshrined in the policy dated 10.2.2010. According to fresh survey, it has been noticed that residents of jhuggi dwellers have been found to be indulging in speculative trading of the plots. It is pointed out that the Ashiana scheme has certain advantages as compared to earlier scheme. Under the old scheme provision of one marla plots was to be allotted to the identified beneficiaries. But under the Ashiana scheme, instead of allotment of plots, HUDA will construct the dwelling units. In the earlier scheme the water supply was in the form of Public Stand Posts only and CWP No. 17641 of 2010 9 community toilets - Sulbah Sauchalyas were to be provided. However, in the Ashiana scheme, piped drinking water supply and proper sewerage facility has been provided for each and every dwelling unit. The slum dwellers lack the technical and financial resources to construct the building on the plots allotted to them. However, under the Ashiana scheme, quality houses are being provided for rehabilitation of the slum dwellers in a clean and hygienic living environment on convenient payable monthly installments.
Learned counsel for the petitioner has vehemently argued that since letter of allotment was issued in respect of plots, therefore, respondents are bound to deliver possession of the said plots only.
We have heard learned counsel for the parties at some length and find that there is no vested right with the petitioners to insist for allotment of one marla plot based upon the orders of this Court or the directions issued for allotment of economically weaker section houses or flats, that in case the plots were to be allotted it will not exceed 2 marla. There is no direction so as to allot plot only. It was ordered that in case the plots are to be allotted, its size shall not exceed two marlas.
There are large number of slum dwellers. If separate plots are to be allotted there will not be sufficient area available with the State or its authorities. The reasoning given by the respondents for construction of dwelling units is hygienic, clean environment. Such is a better option for rehabilitation of jhuggi dwellers rather than allotment of plot for which the jhuggi dwellers may not have funds to raise construction. If plots are allotted, the jhuggi dwellers may sell CWP No. 17641 of 2010 10 the same for the reason of lack of funds for construction. Such aspect will defeat the very object of rehabilitation.
Thus, we do not find any merit in the writ petition. The same is accordingly dismissed.
(HEMANT GUPTA) JUDGE (A.N. JINDAL) 19.01.2012 JUDGE reena