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2020 Supreme(Chh) 378

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
P.R. Ramachandra Menon, Parth Prateem Sahu, JJ.
Priyanka Shukla - Appellant
Versus
Municipal Corporation, Bilaspur - Respondent
Writ Petition (Public Interest Litigation) No. 53 of 2020
Decided On : 18-06-2020

Advocates Appeared:
Romir S Goyal, Advocate, Akash Kumar Kundu, Advocate, Prafull N Bharat, Advocate, Mateen Siddiqui, Advocate, Ruchi Nagar, Advocate, Alok Bakshi, Advocate

The court emphasized the importance of substantiating claims and presenting clear and specific pleadings in a petition.

Headnote:

Mandamus - Low-Income Housing Allotment - IHSDP - [IHSDP] - [Summary of IHSDP Scheme provisions and its applicability to the case discussed by the court]

Fact of the Case:

The petition sought mandamus to allot low-income housing apartments and find suitable alternative housing for evicted families. The respondents claimed the occupants were encroachers and the buildings were intended for eligible slum dwellers under the IHSDP Scheme.

Finding of the Court:

The court found the petition to be filed in a casual manner, with vague pleadings and unsubstantiated causes of action. It dismissed the petition as devoid of merit.

Issues: Forcible eviction, encroachment, eligibility for low-income housing, and compliance with IHSDP Scheme.

Ratio Decidendi: The court held that the petition lacked merit and failed to substantiate the alleged cause. It refrained from ordering costs due to the possibility of the occupants not revealing the correct factual position.

Final Decision: The writ petition was dismissed as devoid of merit.

JUDGMENT

P. R. Ramachandra Menon, J. - This petition is filed pro bono publico by a lawyer of this Court seeking for the following reliefs :

    ''''10. i) Issue a writ of mandamus or any other writ, order or direction in the nature of mandamus to the Respondent authorities allot low-income housing apartments to families which have been evicted from the CG Housing Board projects in the Imli Bhantha, Bahatarai Geetanjali City and Bahatarai Ashram in Sarkanda, Bilaspur.

      ii) Issue a writ of mandamus or any other writ, order or direction in the nature of mandamus to the Respondent authorities to find suitable alternative housing for the residents of Chhatpara who will be displaced by the Arpa Development Project, which is lose to the river and allows them to continue with their livelihoods which are dependent on their access to the river.

        iii) Issue a writ of mandamus or any other writ, order or direction in the nature of mandamus to the Respondent authorities to rehabilitate the displaced residents as per the guidelines of the Model Rehabilitation Policy of the Chhattisgarh State.

          iv) Direct the respondents to pay compensation to the families of the evicted persons for any losses suffered by them in view of the illegal eviction as deemed fit by this Hon''ble Court.

            v) Any other Order as this Hon''ble Court may deem fit and appropriate in the light of the facts and circumstances mentioned hereinabove.

            2. Infact, the writ petition was filed on 10.06.2020. On pointing out extreme urgency, it was ordered to be listed on the same day in the ''after lunch session'' and was taken up accordingly. The learned counsel appearing for the Petitioner projected the sad plight of the persons whose cause is brought out in the above writ petition, pointing out that the said persons, who are occupants of buildings constructed for the economically weaker sections and low income groups by the State Housing Board, were forcibly being evicted and that the buildings were being demolished, virtually throwing them and the children to the streets; that too during the COVID-19 pandemic period. The learned counsel pointed out that the occupants were having no place of abode of their own and were occupying the said buildings on the basis of some oral permission and that they were residing there for quite long. It was all of a sudden, that the Respondents sought to oust them from the buildings using force and to demolish the buildings, without any rhyme or reason; despite the fact that applications preferred by the occupants for regularization / rehabilitation are still pending.

              3. On receipt of advance copy of the proceedings, Mr. Alok Bakshi, the learned Additional Advocate General pointed out that the houses were constructed by the Local Authority which was intended to be allotted to the eligible persons under a particular Scheme and that the present occupants were encroachers. Mr. Prafull N. Bharat, the learned counsel appearing for the Local Authority pointed out that the present occupants were encroached and broke opened the locks and occupied the buildings which were lying vacant and intended to be allotted to eligible persons under the particular Scheme. It was also brought to the notice of this Court on 10.06.2020 that, the unauthorized occupants living on the river bank of ''Arpa'' and the slum dwellers were to be rehabilitated under the specific Scheme known as "Integrated Housing and Slum Development Programme" (for short, ''IHSDP''). The demolition effected was the unauthorized structures on the said Arpa river bank and the slum area after getting vacant surrender, on rehabilitation. The photographs produced by the Petitioner are in respect of the said instances, which do not have any connection to the cause in relation to the buildings pointed out by the Petitioner in the present writ petition. The occupants of the buildings herein were not law-abiding citizens and after encroachment into the buildings, they had also looped electricity using hooks fro

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