Saiyad Gulam Vohiddin and Others vs The Deputy Commissioner, Koppal and Others

B. Manohar, J.

Petitioners in these writ petitions have sought for quashing the resolution dated 31-10-2014 passed by the 6th respondent/Chairman, City Ashraya Committee and also writ of mandamus directing respondents 1 and 2 to consider the list of beneficiaries as per Annexures-E and G and to pass order of allotment of sites under IHSDP Scheme.

In the writ petitions, it is contended that the petitioners are the poor houseless persons. In order to provide house to those persons, the land bearing Sy. No. 438, measuring 5 acres 6 guntas situated at Bahaddoorbandi Road was handed over to the Slum Development Board, for construction of the 238 houses under the centrally sponsored scheme called "Integrated Housing and Slum Development Program (hereinafter referred to as "the IHSDP" for short). The Slum Development Board constructed the said houses through the Koppal District Nirmithi Kendra (R). After construction of the houses, Nirmithi Kendra by its communication dated 9-3-2011 requested the 3rd respondent to take possession of the constructed houses and settle the bill. In view of that, the Deputy Commissioner by a notification dated 1-3-2012 called for applications from the eligible, poor and houseless persons for allotment of houses, which were constructed under the IHSDP Scheme. In pursuance of the said paper advertisement dated 01-03-2012, 145 applications were received. Out of them, 130 applicants were eligible for allotment of houses. Accordingly, list of 130 beneficiaries was prepared and the petitioners are some of the beneficiaries among those 130 persons in the said list. For allotment of remaining houses, once again paper advertisement was taken out on 04-12-2012 calling for applications from the eligible persons for allotment of houses. In pursuance of the said paper advertisement, large number of applications were received. The Karnataka Slum Clearance Development Board prepared the list of 238 persons. However, no steps have been taken for allotment to those persons who are eligible for allotment of houses under the scheme. In view of that they formed an association and requested the Deputy Commissioner for allotment of houses as per the list of beneficiaries prepared. Since the Deputy Commissioner has not taken any steps, the petitioners have preferred W.P. No. 84786/2013 and other connected matters before this Court seeking direction to the Deputy Commissioner as well as the Slum Clearance Development Board to consider the representation of the petitioners for allotment of houses. This Court, by its order dated 6-12-2013 issued direction to the Commissioner, Slum Clearance Development Board to consider the representation of the petitioners and take appropriate decision. Inspite of the said order, the respondents have not considered the same. In the meantime, some of the people illegally occupied some of the houses and started dealing with the said houses. The Town Municipal Commissioner issued public notice with regard to the dealing of the said houses. In view of that, the petitioners filed contempt petitions in CCC Nos. 100386/2014 and 100394-399/2014 for disobedience of the order passed by this Court. However, the said contempt petitions have been dropped since there was no direction to the Deputy Commissioner to consider the representation of the petitioners and that the direction was issued only to the Commissioner, Slum Clearance Board. On an application filed by the petitioners in the said writ petitions, this Court on 7-7-2014 modified the earlier order dated 6-12-2013 and issued direction to the Deputy Commissioner to consider the representation. Inspite of the said order, the respondents have not considered the said representation within a period of 6 months. The petitioners once again filed a contempt petition in CCC No. 100918/2014 for non-consideration of the case of the petitioners for allotment of houses. However, hurriedly in order to avoid contempt of Court, the 6th respondent proceeded to pass the order dated 31-10-2014 vide Annexure-A without considering the case of the petitioners. This Court dropped the contempt proceedings only on the ground that the respondents have already passed an order and the names of the petitioners were included in the list prepared for allotment of houses under Ashraya Scheme. Being aggrieved by the said order at Annexure-A, the petitioners have filed these writ petitions and also sought for a direction to the respondents No. 1 and 2 to consider and pass an order of allotment as per the list of beneficiaries produced at Annexures-E and G.

Sri. Chandrasekhar R. Patil, learned counsel appearing for the petitioners contended that the order impugned passed by the Chairman, Ashraya Committee is contrary to law. The houses are constructed under the Scheme of Integrated Housing and Slum Development Program. Except the Slum Clearance Development Board or the Deputy Commissioner, none of the authority has power to prepare the list of beneficiaries for allotment of sites. In the instant case, one Mr. Amjad Patel who was the former vice President of the Municipal Corporation, Koppal and one Mr. Basavaraj Itnal, who was Ex-MLA of Koppal Constituency had prepared the bogus Hakku Pathra and given to the persons even before construction of the houses. Without any allotment letter, those persons illegally occupied the houses even though the construction of the building was not fully completed. The drainage and electricity connection is yet to be provided. The persons who have illegally occupied the houses had filed W.P. Nos. 62862-866/2012 seeking for quashing the communication issued by the Slum Clearance Development Board and also notification issued by the Deputy Commissioner calling for applications from the eligible beneficiaries. This Court dismissed the writ petitions on 17-10-2012 with an observation that disputed question cannot be adjudicated in writ petitions and the petitioners had to establish their rights before the Civil Court. However, no steps have been taken to evict the unauthorized occupants. Majority of the occupants belong to one Section of the Society. Some of the families who have occupied more than two or three houses, the illegal occupiers are not entitled for allotment of houses. Some of the occupiers are Government Employees and they are also not eligible for allotment of sites under the Scheme. Inspite of the directions issued by this Court in W.P. Nos 84786/2013 and other connected matters, contempt petitions have been filed in CCC Nos. 100918/2014 and 100920-925/2014 for disobedience of the order dated 7-7-2014. In order to avoid contempt proceedings initiated against the Deputy Commissioner, the order impugned has been hurriedly passed. The petitioners are entitled for allotment of houses in IHSDP centrally sponsored scheme. They do not want to occupy the houses to be allotted under the Ashraya Scheme constructed in the land at Chikkasindhogi Road. Majority of the encroachers have either let out the houses for rent or sold the properties, no action has been taken against those persons. The order at Annexure-A is passed without considering the grievance of the petitioners and hence sought for setting aside the same by allowing the writ petitions.

Learned Government Advocate appearing for the Deputy Commissioner, filed an affidavit of the Deputy Commissioner and contended that one Syed Zulla Khader S/o. Syed Nadimulla Khadri resident of Koppal Town gifted 5 acre 06 guntas of land out of 10 acres 17 guntas in Sy. No. 438 situated at Koppal Town for the construction of the houses to provide houses to the poor people belonging to minority and backward communities. The Deputy Commissioner accepted the said gift and a gift deed was registered in the name of the Municipal Commissioner, CMC, Koppal. In order to construct the houses for weaker section of the Society, the said land was handed over to the Karnataka Slum Clearance Development Board under the centrally sponsored scheme of IHSDP. The Karnataka Slum Clearance Development Board constructed 249 houses through Nirmithi Kendra. The Nirmithi Kendra addressed a letter on 9-3-2011 to make balance payment and to take possession. There was some delay in handing over the possession. Some of the beneficiaries whose names were included in the earlier list of beneficiaries had encroached upon the houses constructed and started occupying the said houses after getting electricity connections. The persons who occupied the houses are the eligible persons for allotment of the houses. In pursuance of the letter issued by the Joint Commissioner, Karnataka Slum Clearance Development Board dated 4-12-2012, the Deputy Commissioner issued notification calling for applications from the eligible persons for allotment of houses. The said notification was questioned in W.P. Nos. 62862-66/2012 by the encroachers. Those writ petitions were rejected by this Court, holding that the dispute in these writ petitions seems to be more appropriate for adjudication by a competent civil Court. It is the further case of the respondents that in response to the public notification, 545 applications were received. After verification, it was found that 207 persons who had occupied the houses had also applied for allotment of the houses. Further, 42 persons who had not applied have also occupied the houses. Those 42 persons are also eligible for allotment of the houses. All the houses constructed under the Scheme are in occupation and no houses are vacant. In view of that, series of meetings were held and in the meeting held on 30-10-2014 of Ashraya Committee, a decision was taken to allot the houses to the petitioners and other similarly placed persons in the houses being constructed under the Ashraya Scheme at Chikkasindhogi road. The persons who have occupied the houses are also eligible, majority of them belonged to either minority community or weaker section of the Society. They are houseless poor people, they are in occupation for more than 3 years, in order to do the social justice and not to evict those occupiers. Since the petitioners were also accommodated in the houses at Chikkasmdhogi road under the Ashraya Scheme, the petitioners cannot have any grievance and sought for dismissal of the writ petitions.

I have carefully considered the arguments addressed by the learned counsel for the parties and perused the impugned orders and other relevant records.

The land bearing Sy. No. 438 in all measuring 10 acres 17 guntas situated at Koppal town, Bahaddoorbandi road belonged to one Sri. Syed Zullu Khader, S/o. Syed Nadimulla Khadri. He gifted 5 acres 6 guntas of land out of 10 acres 17 guntras in favour of the Commissioner, CMC, Koppal as per the consent letter dated 14-2-2006, subsequently he had executed a registered gift deed dated 7-6-2006 in favour of the Commissioner, CMC, Koppal on behalf of the State Government. The main object of gifting the said property was to provide houses for the poor people belonged to minority and backward communities. The Deputy Commissioner by his order dated 7-4-2006 accepted the condition imposed by the owner while gifting the said property. The said land was handed over to the Karnataka Slum Clearance Development Board for construction of houses. The Slum Clearance Board in turn had handed over the said property to the Koppal District Nirmithi Kendra on 14-12-2007 for formation of the layout and to construct the houses under the centrally sponsored scheme of IHSDP. In the meanwhile, the list of beneficiaries was prepared and the then Deputy Commissioner and the then Commissioner, City Municipal Council, Koppal signed the said list of beneficiaries even before construction of the houses. After construction of the houses, Nirmithi Kendra addressed a letter dated 9-3-2011 requesting the 3rd respondent to take back the possession of constructed houses and to settle the dues. There was some delay in taking possession of the said houses. In the meanwhile, some of the persons whose names were included in the list of beneficiaries had illegally occupied the houses and got electricity and drainage connection. In pursuance of the letter issued by the Joint Commissioner, Karnataka Slum Clearance Development Board, Bangalore addressed a letter dated 4-1-2012 to the Executive Engineer, Karnataka Slum Clearance Development Board, Dharwad to inspect the houses constructed under the centrally sponsored IHSDP scheme and to take steps for allotment of houses. On the basis of the said letter, the Deputy Commissioner had given a paper advertisement on 1-3-2012 calling for applications from the eligible persons for allotment of houses constructed at Bahaddoorbandi Road. Accordingly, petitioners and others submitted their applications. Out of 130 applications received, 104 persons were eligible for allotment of houses, for filling up the remaining houses, once again an advertisement was given on 4-12-2012. On the basis of the applications received, the Karnataka Slum Clearance Development Board prepared the list of beneficiaries of 238 persons. However, since all the houses are illegally occupied from the persons, the allotment letter could not be issued to the petitioners. Further, some of the unauthorized encroachers filed writ petition Nos. 62862-866/2012 challenging the advertisement issued by the Deputy Commissioner calling for applications and also obtained the interim order. The petitioners and other beneficiaries had filed writ petition No. 84786/2013 and other writ petitions, seeking writ of mandamus to allot the houses to the beneficiaries. For non-implementation of the direction issued by this Court in the writ petitions referred to above, they filed CCC No. 100918/2014 and other connected petitions for disobedience of the order passed by this Court. In order to dissolve the disputes, a meeting was called under the Chairmanship of City Ashraya Committee, Koppal officers of CMC, Koppal and the President of Municipality, Koppal. The matter was discussed thoroughly and found that the persons who have occupied the houses are the houseless, poor persons and majority of them belonged to minority and weaker section of the Society. They are occupying the houses for more than 3 years. It is very difficult to evict them from the said premises. Out of 249 occupants, 207 have already filed applications pursuant to the notification issued by the Deputy Commissioner and other 42 persons, though have not filed applications, they are the houseless, poor persons and eligible for allotment of houses. Accordingly, the District Administration has taken a decision that instead of evicting the persons who have occupied the houses, the petitioners and other persons can be accommodated in the houses constructed under the Ashraya Scheme at Chikkasindhogi road and the building is at the stage of completion. Accordingly, took a decision to give priority to the petitioners and other beneficiaries for allotment of houses as per the order at Annexure-A impugned in these writ petitions. I find there is no infirmity or irregularity in the said decision. Pursuant to the notification issued by the Deputy Commissioner, the petitioners made an application and they are beneficiaries in the list prepared by the Deputy Commissioner. In view of the compelling circumstances referred to above, the persons unauthorisedly occupied the houses could not be evicted. On the other hand, the petitioners and other beneficiaries are being accommodated in the houses constructed under the Ashraya Scheme. Hence, the action of the respondents cannot be treated as arbitrary or illegal and it will not affect the interest of the petitioners and other beneficiaries. The intention of the State Government is to provide houses to the landless and poor persons.

The allegations of the petitioners in the writ petitions is that majority of the houses constructed under the centrally sponsored scheme are occupied by one community; some of the families have occupied more than two or three houses and those persons has to be evicted, cannot be accepted. Admittedly, 5 acres 6 guntas of land was gifted by Syed Zulla Khader for the construction of houses to the minority communities and other weaker sections of the Society. The condition imposed while gifting the land was accepted by the Deputy Commissioner on 7-6-2006. The persons occupied those houses are also beneficiaries under the list prepared by the then Deputy Commissioner as well as the then Commissioner, CMC, Koppal. The District Administration had taken a decision to allot the houses to the petitioners and other beneficiaries in the houses constructed under Ashraya Scheme, at Chikkasindhogi Road and taken a decision not to disturb the persons who have already occupied the houses.

I find no infirmity or irregularity in the order dated 31-10-2014 passed by the 6th respondent. In fact, the contempt petition filed by the petitioners are dropped in view of the order at Annexure-A dated 31-10-2014. The petitioners have no vested rights to seek for allotment of the houses in the houses constructed under the centrally sponsored scheme at Bahaddoorbandi road. The Government can allot any house either constructed under the centrally sponsored scheme or under Ashraya Scheme for the houseless poor persons. Hence, it is not open to the petitioners to contend that they must be allotted houses only in Bahaddoorbandi Road and not the houses constructed under the Ashraya Scheme. The order at Annexure -A is passed in order to do social justice to all the parties. There is no infirmity in the said order. Petitioners have not made out a case to interfere with the said order. Accordingly, the writ petitions are dismissed.