AI Insights
The case involves twenty-four petitioners from villages Mikirgaon and Tulshibori in Morigaon, Assam, who sought the court's intervention to receive housing benefits under the PMAY-G Scheme. Despite being listed as probable beneficiaries based on the SECC 2011 data, the petitioners did not receive any benefits due to alleged misappropriation and wrong mapping of job cards by government officials. The court was informed that the previous phase of the PMAY-G Scheme had ended, but a new phase was approved, which would include updating the beneficiary list using modified exclusion criteria. The court decided to direct the authorities to consider the petitioners in this new phase rather than prolong the litigation.
Appeal Details
Counselvise Citation
[2025] 140 COUNSELVISE.COM (IT) 818210 (HC-MISC)
Assessee PAN
Bench
Appeal Number
CRN Number
Appellant
Respondent
Appeal Type
Others
Pronouncement Date
05-03-2025
Assessment Year
misc
Judgement Text
"Page No.# 1/12 GAHC010024262023 2025:GAU-AS:2396 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/721/2023 PRAFULLA NATH AND 23 ORS S/O- LATE SRI SANGSING NATH, VILL- MIKIRGAON, P.S- LAHORIGHAT, DIST- MORIGAON, ASSAM, AWAAS PLUS ID- 143489965 2: SRI. BINUMAI MEDHI W/O- LATE BALIRAM MEDHI VILL- MIKIRGAON P.S- LAHORIGHAT DIST- MORIGAON ASSAM AWAAS PLUS ID 135959239. 3: SRI. NARAMI DEVI W/O- LATE MADAN NATH VILL- MIKIRGAON P.S- LAHORIGHAT DIST- MORIGAON ASSAM AWAAS PLUS ID 1135977653. 4: SRI. SANDHAYA MEDHI W/O- LATE KHAGEN MEDHI VILL- MIKIRGAON P.S- LAHORIGHAT Page No.# 2/12 DIST- MORIGAON ASSAM AWAAS PLUS ID 133665783. 5: REBATI DEVI @ REWATI DEVI W/O- BHUBAN NATH VILL- MIKIRGAON P.S- LAHORIGHAT DIST- MORIGAON ASSAM AWAAS PLUS ID 133664933. 6: SRI. RUP JYOTI MEDHI S/O- LATE KHAGEN MEDHI VILL- MIKIRGAON P.S- LAHORIGHAT DIST- MORIGAON ASSAM AWAAS PLUS ID 133665701. 7: SRI. PUNESWAR DUTTA S/O- LATE JAYRAM DUTTA VILL- MIKIRGAON P.S- LAHORIGHAT DIST- MORIGAON ASSAM AWAAS PLUS ID 135182223. 8: CHITRA NATH S/O- LATE PUNA RAM NATH VILL- MIKIRGAON P.S- LAHORIGHAT Page No.# 3/12 DIST- MORIGAON ASSAM AWAAS PLUS ID 134686395. 9: AFAZ UDDIN @ AFAJ UDDIN S/O- LATE MUBARAK ALI VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM. AWAAS PLUS ID 149303256. 10: SHAHIDUL ISLAM S/O- MATAB UDDIN VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM. AWAAS PLUS ID 135122599. 11: MOFIZ UDDIN @ MAFIJ UDDIN S/O- LATE USUF ALI VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM. AWAAS PLUS ID 131965588. 12: MATAB UDDIN S/O- LATE MOBARAK ALI VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM. Page No.# 4/12 AWAAS PLUS ID 135761328. 13: MD. AJGAR ALI S/O- LATE MIRAZ ALI VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM. AWAAS PLUS ID 128298008. 14: AMIR UDDIN S/O- LATE YAAR HUSSAIN VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM. AWAAS PLUS ID 128332077. 15: SHONGSER ALI S/O- LATE SAHAR ALI VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM AWAAS PLUS ID 135120825. 16: ABUL HUSSAIN S/O- LATE SAHAR ALI VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM AWAAS PLUS ID 135605803. Page No.# 5/12 17: EKRAMUL HUSSAIN S/O- LATE MUBARAK ALI VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM AWAAS PLUS ID 1511202458. 18: AMINA KHATUN S/O- LATE MOTLEB VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM AWAAS PLUS ID 135122030 19: RAMJAN ALI LATE RAHMAT ALI VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM AWAAS PLUS ID 135641191. 20: ABDUL LOTIF S/O- LATE SAHAR ALI VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM AWAAS PLUS ID 135677364. 21: ABDUL SALAM S/O- LATE TALEB HUSSAIN Page No.# 6/12 VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM AWAAS PLUS ID 135612462. 22: JAKIR HUSSAIN S/O- LATE SOHAR ALI VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM AWAAS PLUS ID 135605419. 23: AHED ALI S/O- LATE RAHMAT ALI VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM AWAAS PLUS ID 135120825. 24: ROCHAN ALI S/O- AYUB ALI VILL- TULSHIBORI P.S- BHELOGURI DIST- MORIGAON ASSAM AWAAS PLUS ID 135677194 VERSUS Page No.# 7/12 THE UNION OF INDIA AND 7 ORS REP. BY THE SECRETARY TO THE GOVT OF INDIA, MIN OF RURAL DEVELOPMENT, KRISHI BHAVAN, NEW DELHI- 110114 2:THE STATE OF ASSAM REPRESENT BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-06. 3:THE DIRECTOR OF PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM PANJABARI JURIRPAR GUWAHATI-37. 4:THE DEPUTY COMMISSIONER MORIGAON P.O AND DIST- MORIGAON ASSAM PIN-782105. 5:THE PROJECT DIRECTOR DRDA MORIGAON DISTRICT P.O AND DIST- MORIGAON ASSAM PIN-782105. 6:THE BLOCK DEVELOPMENT OFFICER LAHORIGHAT DEVELOPMENT BLOCK P.O- LAHORIGHAT DIST- MORIGAON ASSAM PIN- 782127. 7:THE PRESIDENT TULSHIBORI GAON PANCHAYAT P.O- TENGAGURI P.S-BHELOGURI DIST- MORIGAON ASSAM PIN-782127. 8:THE SECRETARY TULSHIBORI GAON PANCHAYAT Page No.# 8/12 P.O TENGAGURI P.S BHELOGURI DIST MORIGAON ASSAM PIN 78212 Advocate for the Petitioner : MR. R ALI, H A AHMED Advocate for the Respondent : GA, ASSAM, MS. S PHUKAN(r-7),P. BORAH (r-7),MR. P HAZARIKA (r-7),SC, P AND R.D.,DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 05.03.2025 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 Page No.# 9/12 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 Page No.# 10/12 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 crore more houses. In support of his such submission, Mr. Dutta has placed a copy of an Office Letter bearing no. LDB/425/MGNREGA/2021-22/1764 dated 01.03.2025, received by him from the respondent no. 6, annexing therewith a copy of a Letter no. J-11014/1/2024-RH-Pol. [e-387579] dated 14th August, 2024 of the Ministry of Rural Development Department, Government of India. 7. From the Letter dated 14th August, 2024, it is noticed that the Central Government has approved for continuation of the PMAY-G Scheme for five more years for the period : Financial Year : 2024-2025 to the Financial Year : 2028-2029, with target for construction of two crore more houses. The beneficiaries would be the balance households in the existing SECC 2011. As per the Letter dated 14th August, 2024, there will be an exercise for updating the list in the following manner :- II. Conduct of exercise for updating the Awass+, 2019 list for identifying eligible rural households for getting benefits under the scheme. The updation exercise would be done using the modified exclusion process with revised 10 exclusion criteria. The Minstry would request the States/UTs for starting the survey shortly. The modified exclusion criteria w.e.f. FY 2024-25 for identification of additional potential beneficiaries are given as under [also modified in the Annexure-I of the existing FFI of the PMAY-G] :- i. Motorised three/four-wheeler; ii. Mechanised three/four-wheeler agricultural equipment; iii. Kisan Credit Card with credit limit of Rs. 50,000 or above; iv. Households with any member as a Government employee; v. Households with non-agricultural enterprises registered with the Government; Page No.# 11/12 vi. Any member of the family earning more than Rs. 15,000 per month; vii. Paying income tax; viii. Paying professional tax; ix. Own 2.5 acres or more of irrigated land; x. Own 5 acres of more of unirrigated land; III. In addition, the scheme would ensure the priority for first time beneficiary households during FY 2024-25 to 2029-29. 8. As the petitioners are deprived from getting the benefits in the earlier phase of PMAY- G Scheme despite the fact that their names had figured in the list of probable beneficiaries and the earlier phase of the PMAY-G Scheme has since come to an end, this Court is of the considered view that instead of keeping this writ petition pending, it can be disposed of with a direction to the respondent authorities in the Panchayat & Rural Development Department to consider the cases of these petitioners in the next phase of the PMAY-G Scheme for extension of benefits in terms of the criteria set forth in the Letter dated 14.08.2024 of the Ministry of Rural Development Department, Government of India within a stipulated period of time and to bring the process to logical conclusion within a period of 4 [four] months from the date of submission of a copy of this order at the office of the respondent no. 3 by the petitioners. The learned counsel for the petitioners has submitted that the writ petition be disposed of in that line. The learned Standing Counsel, Panchayat & Rural Development Department has submitted that a period of four months would be reasonable. 9. In view of the broad consensus arrived at, in the afore-stated manner, the writ petition is disposed of with a direction to the respondent authorities, more particularly, the respondent no. 3, the respondent no. 5 and the respondent no. 6, to consider the cases of these petitioners for extension of benefits under the next phase of PMAY-G Scheme. While considering the cases of the petitioners, the respondent authorities shall ensure that the cases of the petitioners are considered against the AADHAAR card and job-cards already Page No.# 12/12 issued in the name of the petitioners, to avoid any foul-play. 10. This order disposes of the writ petition. 11. A copy of this order is to be supplied to Mr. Dutta, learned Standing Counsel, Panchayat & Rural Development Department for taking necessary steps from his end. JUDGE Comparing Assistant "
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Laws Referred To
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1:1 Consultation on SME Listing
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Rectification Letter - Application for rectification of mistake under Section 154 of I.T. Act
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Non-Compete Agreement
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