Parimal Halder And ORS v. State Of West Bengal And ORS.

03.08.2021 Court No.19 Item No. 29 SB WPA 11317 of 2021 (via Video Conference) PARIMAL HALDER & ORS.

Vs.

THE STATE OF WEST BENGAL & ORS.

Mr. Gora Chand Samanta Mr. Gazi Faruque Hossain .... For the Petitioners Mr. Tapas Kumar Mondal ... For South 24 Parganas Zilla Parishad Sk. Md. Galib Mr. Subhra Nag ... for the State Petitioners claim to be persons living below the poverty line. The petitioners seek a mandamus directing the District Magistrate and / or the other authorities of the State Government to grant the benefit under "Banglar Abas Yojana" to them on the ground that they have lost their houses due to Amphan. The persons living below the poverty line, were entitled to such housing benefits from the government under the scheme. Reliance is placed on a note written by the Pradhan Chupri Jhara Gram Panchayet. It is submitted by the petitioners that once the Pradhans recognized them as persons living below the poverty line, there was no doubt with regard to their eligibility to be granted the benefit of "Banglar Abas Yojana". The petitioners pray that the District Magistrate may be directed to consider their cases in terms of the recommendation of the Pradhans.

Mr. Galib, learned advocate for the State respondents submits a report prepared by the Block Development Officer, Joynagar-II, Dev. Block, South 24 Parganas from which it appears that the house building schemes or rural housing programmes under the name of "Indira Awaas Yojana" started in January 1996 to address the housing needs of rural areas. Due to some discrepancies and complaints and lack of supervision, the Pradhan Mantri Awaas Yojana - Gramin (PMAY-G) was introduced with effect from April 1, 2016. The said scheme came to be known as "Banglar Abas Yojana" in West Bengal. According to the report, the permanent wait list was prepared way back in 2016 and no changes or alterations to the list was permissible.

Thereafter, efforts were made by the government to find out the households / persons who were left out and the list of such left out persons was prepared upon enquiry and survey sometime in 2018 / 2019. Such list was termed as Awaas plus. Thus, the report filed by the Block Development Officer clarifies the position that the petitioners cannot be included in the "Banglar Abas Yojana" scheme. However, there are compensations and benefits given to Amphan victims like the petitioners by the government.

The petitioners are at liberty to approach the District Magistrate for house building allowance and other benefits given to Amphan affected victims and if such applications have not been considered earlier, the District Magistrate shall dispose of the same and pass a reasoned order in accordance with law and communicate the same to the petitioners.

a period of three months from the date of receipt of the representation. The District Magistrate shall decide the eligibility of the petitioners.

With the aforesaid observation, the writ petition is accordingly disposed of.

Parties are directed to act on the basis of the server copy of this order.

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(Shampa Sarkar, J.)