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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Prafulla Nath S/o Late Sri Sangsing Nath – Appellant
Versus
Union Of India – Respondent
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
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 erro....
Eligibility determination under PMAY-G must adhere to prescribed guidelines; reopening inquiries based on private complaints without due process undermines applicant rights and the legitimacy of the ....
Entitlement to the benefit under the housing scheme based on verification and prescribed procedure.
The court established that compliance with the PMAY(G) scheme's eligibility criteria is essential for sanctioning benefits, and the presence of valid possession certificates supports the legality of ....
Eligibility for government scheme requires timely action by authorities once established by survey enrollment.
Public Interest Litigations require substantial evidence to establish public interest and must not arise from private motives or vague allegations.
Public Interest Litigations require substantial evidence to support claims; vague allegations do not suffice for judicial consideration.
Eligibility for housing under PMAY scheme establishes a right, necessitating action by authorities to avoid unjust delay.
A petitioner must fulfill specific documentation requirements to be eligible for housing benefits under welfare schemes.
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