Eviction of slum dwellers without due process violates fundamental rights, necessitating compensation and adequate housing provisions for affected individuals.

ORDER:

SUDDALA CHALAPATHI RAO, J.

The instant writ petition is filed declaring G.O.Ms.No.251 Municipal Administration & Urban Development, Housing (HB) F.2 Department, dated 24.03.2008 deleting Bhimraobada Slum from the list of notified slums published in A.P.Gazette No.47 dated 12.12.1991 and 408/A dated 27.09.2005 respectively in directing the 3rd respondent (District Collector, Hyderabad) to accommodate the writ petitioners in already constructed houses under JNNURM Scheme, as arbitrary, Illegal, without authority of law, without application of law, in colourable exercise of power, without jurisdiction and ultra-vires the provisions of Slum Improvement (Acquisition of Land) Act 1956 and inviolation of petitioners fundamental rights guaranteed under Articles 14, 21 and 300-A of the Constitution of India and to set aside the same. The writ petitioners subsequently have filed amendment applications claiming for such other reliefs and as the said reliefs are ancillary reliefs emanating from the main prayer, the said application was allowed.

2. The brief facts of the case are that, the ancestors of the petitioners have been living in Bhimraobada Slum (Nampally) for the last more than 60 years and consequent to their to their death the Petitioners have been living in the slum by working as labourers, as domestic servants etc., and all the petitioners are stated to be leading lives below the poverty lines. Further, in the year 1991, the then Commissioner, Municipal Corporation of Hyderabad, issued notification under Section 3(1) of Andhra Pradesh Slum Improvement (Acquisition of Land) Act 1956 (for short, ‘Act, 1956’), declaring the area known as Bhimraobada Slum, Hyderabad, Ward-5, Block-5, bound on the North, by road leading to Nampally to Mozzamjahi Road, on the South, by Nala and houses, on the East, by Ajanta Gate Exhibition and Housing Board Office and on the West, by Housing Board Office and Door No.5-5-406. The said notification has been published in the A.P.Gazette at Issue No.47 dated 12.12.1991. Taking into consideration of the impoverished condition of the inhabitants of Bhimaaobada slum i.e., the petitioners herein, the 5th respondent has assigned the house plots each admeasuring 33.33 square meters or so in Sy.No.4/1, Block-M, Ward No.47 of Nampally village of the erstwhile Musheerabad Taluq, Hyderabad District and though D-form pattas were not granted to some of the persons were also residing in the said slum from many years. Further, it is the case of the writ petitioners that they were also provided with basic amenities like electricity, water supply to the structures allotted and possessed by them. Their houses were assessed vide separate house numbers for all the dwellings in their possession and enjoyment and the total extent of land admeasuring was 1153.09 square meters.

3. Further the then Revenue Divisional Officer, Hyderabad Division vide Lr.No.F/8611/1990, dated 22.05.2007 requested the Collector, Hyderabad District, to cancel the pattas issued to the beneficiaries in order to rehabilitate the slum dwellers in nearby place since the pattas were issued mistakenly by exceeding his authority. After examining the same, the then Joint Collector, Hyderabad vide No.F/11430/2006, dated 21.06.2007 had issued notices to the D-form patta holders and also to such other persons who were not possessing any D-form pattas and pursuant thereto the said D-form pattas were cancelled.

4. Further, it is the contention of the Government that consequent upon the cancellation of the D-form Pattas the Government issued G.O.Ms.No.251, dated 24.03.2008 by de-notifying the said slum