PHULZARI BASFOR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. A. Ahmed, learned counsel for the petitioners, Mr. S. Bora, learned Standing Counsel, Guwahati Municipal Corporation and Mr. M. Bhagawati, learned State Counsel.

(2.) OFFICE note dated 18.06.2007 indicates that notices were duly served upon the Respondents No.6 to 13. Office note dated 25.0.2007 has also indicated that learned CGC had entered appearance on behalf of respondents No.1 & 5. However, they are not represented.

(3.) IT is stated in the writ petition that there are two colonies, namely, Solapar and Morasali, in Guwahati city where more than five hundred Harijan families have been residing. They are working in various organizations. Large numbers of them are also working as Safai Karmacharies in the Guwahati Municipal Corporation, for short, 'GMC'. The Ministry of Urban Development and Poverty Alleviation Department, Government of India had sponsored a scheme known as "Construction of housing for Safai Karmacharies at slum pockets at Morasali Harijan colony and Solapara Hoarijan colony" and the construction of quarters were entrusted to the respondent no.5. The scheme envisaged construction of 232 units at Solapara Harijan colony and 304 units at Morasali Harijan colony. The scheme was not restricted to Safai Karmacharies of Guwahait Municipal Corporation, but was meant for all Safai Karmacharies working in various organizations. The petitioners who were residing in the said two colonies were directed to hand over vacant possession for the purpose of construction of dwelling houses by the respondent no.5 with the assurance that they will be provided one room and a kitchen space after completion of the construction. Subsequently, the petitioners were evicted from the said two colonies. 232 flats came to be constructed in Solapara Harijan colony and they were handed over to GMC. Thereafter, by various orders passed on 21.02.2005,many of the units came to be allotted to various persons including respondents No.6 to 13.