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2008 DIGILAW 479 (ORI)

BIMAL KUMAR ACHARYA v. STATE OF ORISSA

2008-06-25

B.P.DAS, M.M.DAS

body2008
JUDGMENT : M.M. Das, J. - Since the facts involve in all the aforesaid writ petitions are same and similar contentions have been raised by the parties, they were heard together and are being disposed of by this common Judgment. 2. The Petitioners were admittedly the employees of the Dhenkanal Municipality, Dhenkanal at the relevant point of time. Under a Scheme formulated by the Government of India, namely, Slum Clearance/Improvement Scheme meant for Local Bodies throughout the country for providing low cost housing facilities to the slum dwellers, who belong to economically weaker section of the society, the Government of Orissa, in its Health Department, instructed all the District Magistrates regarding the guidelines of such scheme and provided funds to Urban Local Bodies with a subsidy as well as the Central Government aid, for construction of such low cost houses to be provided to the aforesaid category of people. Accordingly, the Dhenkanal Municipality was also allotted funds. Some houses under the scheme, were constructed by the Dhenkanal Municipality. 3. It appears that the Petitioners were allotted with such houses being employees of the Dhenkanal Municipality, when they were serving under the said Municipality, on meager monthly rents. Subsequently, eviction proceedings were initiated against some of the Petitioners, which ultimately culminated in orders of eviction and some of the Petitioners were issued with notices to vacate the said houses allotted to them. The Petitioners challenging such eviction orders/action of the municipal authorities, have approached this Court in the aforesaid writ petitions for appropriate relief. 4. A counter affidavit has been filed by the Dhenkanal Municipality and relying upon the letter of the Government dated 24.8.1964 addressed to the Executive Officers of different Municipalities/N.A.Cs., it has .been stated therein that the Local Bodies were permitted to allot subsidized houses constructed under the scheme, temporarily, to ineligible persons, under certain conditions and, accordingly, the said houses were allotted in favour of the Petitioners, being the employees of the Municipality. It has been further pleaded in the counter affidavit that for convenience of the employees (Petitioners), the houses were allotted to them and the same having been allotted under special circumstances inasmuch as the Petitioners being not eligible for the said houses as slum dwellers under the scheme, they have no right to remain in the said houses after the Municipality resolved to evict them and/or eviction orders were passed against them. 5. 5. Considering the nature of pleadings of the parties, we find that various disputed questions of fact have been raised by the Petitioners, which cannot be gone into in these proceedings under Article 226 of the Constitution of India. Having expressed our views that we are not inclined to interfere with the orders of eviction or the notices for eviction, parties agreed that reasonable time may be granted to the Petitioners to give vacant possession of the houses in question to the Dhenkanal Municipality. 6. In view of the above, we dispose of all these writ petitions with a direction that the Petitioners will vacate the disputed houses under their occupation and give delivery of possession of the same to the Executive Officer, Dhenkanal Municipality by 30.11.2008. But in the circumstances, there shall be no order as to costs. B.P. Das, J. 7. I agree.