Mewa Devi & ORS v. State Of Haryana & ORS
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Sr. No.: 206 Civil Writ Petition No.10098 of 2014 (O & M) Date of Decision: September 15, 2015 Mewa & others ..... PETITIONER(S)
VERSUS
State of Haryana & others ..... RESPONDENT(S) . . .
CORAM:
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE JASPAL SINGH . . .
1.
Whether Reporters of local papers may be allowed to see the judgment? 2.
To be referred to the Reporters or not?
3.
Whether the judgment should be reported in the Digest? . . .
PRESENT: - Mr.
Ajay Vijarania, Advocate, for the petitioners.
Mr. Anil Mehta, Deputy Advocate General, Haryana.
. . .
Surya Kant, J (Oral) 1.
The short question that arises for consideration in this case is whether the petitioners fulfil the eligibility conditions prescribed for 'grant' to be released for construction of pucca house under the Indira Priyadarshani Aawas Yojna?
CWP No.10098 of 2014 [2] 2.
Under the aforesaid Scheme, a sum of ` 90,000/- is admissible to a person having no pucca house in the village. The payment is made in installments.
3.
It appears that a local level committee comprising Gram Sachiv, Sarpanch, Patwari, one official of DRDA, SDO (Panchayati Raj) and the BDPO of the concerned area has been set up to verify the list of persons living below poverty line. The Scheme contemplates that the persons to whom 100 square yards plots were/are allotted under the Mahatma Gramin Basti Yojna are facilitated to construct pucca houses with the aforesaid grant.
4.
The case of the petitioners is that the Committee though found them eligible for house grant but their dues have not been released so far.
5.
On the other hand, the respondents in their written statement have claimed that out of 42 petitioners, 35 are ineligible as they have got pucca house in the village. The cases of those who are ineligible, are being processed. 6.
Learned counsel for the petitioners, on the other hand, controverts this finding as according to him. According to him, the petitioners are eligible.
7.
In this view of the matter, the question that arises for consideration is whether the petitioners own pucca houses in
CWP No.10098 of 2014 [3] the village and if so, whether they can still be entitled to the house grant?
8.
The answer to the question would depend upon a fact finding report re: existence of the pucca house(s) of petitioners. We thus dispose of this petition with a direction to the Deputy Commissioner, Bhiwani to depute a senior officer from the District Administration preferably DDPO or SDO (Civil) to ascertain the claim of the petitioners and if it is found that they are indeed eligible as per the conditions prescribed in the Scheme, let their cases for house grant be reconsidered accordingly. The needful be done within a period of two months from the date of receipt of certified copy of this order. (Surya Kant) Judge (Jaspal Singh) September 15, 2015 Judge avin