Sharan Kaur v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:26.10.2021 SHARAN KAUR ......Petitioner Vs STATE OF HARYANA AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present: Mr. Sandeep Saini, Advocate for the petitioner.

Mr. Narender Singh Behgal, AAG, Haryana.

Mr. Sandeep Bhatia, Advocate for the Union of India.

***** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioner seeks issuance of appropriate writ/order or direction especially in the nature of mandamus, directing the respondents to grant benefit under Pradhan Mantri Awaas Yojna Gramin Scheme to the petitioner.

Learned counsel for the petitioner submits that the candidature of the petitioner under the said scheme was duly acknowledged by the authorities. Office of Additional Deputy Commissioner-cum-Chief Executive Office (DRDA) Ambala vide letter dated 13.04.2015 acknowledged the claim of the

petitioner and found that the petitioner is entitled for benefit of Indira Vikas Yojna for the year 2015-16. The entitlement of the petitioner was further acknowledged even during the proceedings before the Additional Deputy Commissioner-cumChief Executive Officer (DRDA) Ambala, when officer of BDPO visited the Gram Panchayat Subhri and found that it would be appropriate to build the house of the applicant/petitioner. The office of Block Development Panchayat Officer after inspection of site, found that the petitioner is eligible for grant of financial assistance under Indira Awaas Yojna Scheme of the Government and her case was found to be covered under the rules and instructions in this regard.

Thereafter, the nomenclature of the said scheme was changed to Pradhan Mantri Awaas Yojna Gramin Scheme, for which the petitioner was required to apply online portal. The online portal was in operation from January 2018 to 7th March 2019. Since 07.03.2019, online portal has not been opened by the Union of India, therefore, the petitioner could not apply under the new scheme despite her candidature being considered under the old scheme.

Learned State counsel as well as learned counsel for the Union of India submit that the candidature of the petitioner under the new scheme can be considered only after her

applying through online portal as and when the same is opened by Union of India.

In view of aforesaid factual position, this petition is disposed of at this stage, however, liberty is granted to the petitioner to apply under the new scheme as and when the same is opened through Awaasplus Portal. In the event of opening Portal and filing of candidature by the petitioner, the same shall be decided in accordance with norms. (RAJ MOHAN SINGH) 26.10.2021 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No