IMPORTANT POINT
The court mandated that authorities consider petitioners for benefits under the PMAY-G Scheme in the next phase, emphasizing adherence to eligibility criteria and rectification of administrative errors.

ORDER :

MANISH CHOUDHURY, J.

Heard Mr. H.A. Ahmed, learned counsel for the petitioners; Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development Department for the respondent nos. 2, 3, 5, 6 & 8; and Mr. B.J. Talukdar, learned Senior Counsel assisted by Mr. P.K. Medhi, learned counsel for the respondent no. 4.

2. The petitioners, twenty-four in nos., have preferred the writ petition stating that they have a common cause of action. The petitioners have stated that they are inhabitants of Village – Mikirgaon and Village – Tulshibori under Tulshibori Gaon Panchayat, District –Morigaon, Assam.

3. It is the case of the petitioners that they are eligible to receive the benefits of affordable housing under the Pradhan Mantri Awaas Yojana - Gramin [PMAY-G] Scheme launched by the Central Government. The petitioners have further stated that they belong to economically marginal section and accordingly, their names have been included in the Socio Economic Caste Census [SECC], 2011. The respondent authorities in the Panchayat & Rural Development Department, Government of Assam had initiated a process for implementation of the PMAY-G Scheme for identification of the beneficiaries as per the SECC data and after making a survey as regards the probable beneficiaries within the territorial areas of Tulshibori Gaon Panchayat, the respondent authorities had prepared a list of probable beneficiaries, who are inhabitants of Village - Mikirgaon and Village - Tulshibori under Tulshibori Gaon Panchayat. In the said list of beneficiaries, the names of the petitioners, except the petitioner nos. 17, 18 & 23, had figured. When the petitioners were awaiting to receive the benefits under the PMAY-G Scheme, they came to learn, to their surprise, that they were not being provided with any benefits by the respondent authorities.

4. With such projections, the petitioners have preferred the instant writ petition seeking inter-alia a direction to the respondent authorities to issue sanction orders in respect of the petitioners for PMAY-G houses and to release the funds in terms of the beneficiaries list prepared for PMAY-G houses in respect of Village – Mikirgaon and Village - Tulshibori under Tulshibori Gaon Panchayat, Lahorighat Development Block, District – Morigaon.

5. An affidavit-in-opposition has been filed on behalf of the respondent no. 5. In the said affidavit-in-opposition, it is stated that an enquiry was caused when anomalies were allegedly found committed in respect of the extension of benefits and in selection of beneficiaries under the PMAY-G Scheme in Tulshibori Gaon Panchayat, Lahorighat Development Block. During the enquiry, it came to light that misappropriation in respect of a Government funds meant for PMAY-G beneficiaries in Tulshibori Gaon Panchayat had occurred. It was further found during the investigation that the job cards were wrongly mapped against ID members of a number of PMAY beneficiaries, which included few of the petitioners herein, for which, the benefits were not received by those petitioners. In view of such misappropriation of Government fund, a number of Government officials involved in the matter of misappropriation and wrong mapping of job cards have already been suspended and disciplinary actions are being taken against them.

6. The prime concern of the petitioners herein is non-receipt of the benefits under the PMAY-G Scheme, as submitted by the learned counsel for the petitioners.

5. Mr. Dutta, learned Standing Counsel, Panchayat & Rural Development Department has submitted that the earlier version of the PMAY-G Scheme has come to an end in the meantime. But, a next phase of the PMAY-G Scheme has been envisaged and made operational with certain modifications. The next phase of PMAY-G Scheme would be carried during the period : Financial Year : 2024 – 2025 to Financial Year : 2028-2029. The Central Government, on 09.08.2024, has approved the implementation of the PMAY-G Scheme for five more years for two cror