MANU/SC/1097/2014

IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 10534-10535 of 2014 (Arising out of SLP (C) No. 26315-26316 of 2013) and Civil Appeal No. 10536 of 2014 (Arising out of SLP (C) No. 38017 of 2013)

Decided On: 25.11.2014

Appellants: G. Manikyamma Vs. Respondent: Roudri Co-operative Housing Society Ltd.

Hon'ble Judges/Coram:
Jasti Chelameswar and S.A. Bobde

JUDGMENT

Jasti Chelameswar, J.

1. Delay condoned. Permission to file SLP is granted. Leave granted in the SLPs.

2. Special Leave Petition (Civil) Nos. 26315-26316 of 2013 has been filed by nine Petitioners aggrieved by the orders dated 02.7.2012 and 24.01.2013 of the High Court of Andhra Pradesh in Writ Appeal No. 580 of 2011 & WAMP No. 59 of 2013 in Writ Appeal SR No. 6051 of 2013, both of these filed aggrieved by the judgment dated 11.7.2011 passed in WPMP No. 19151 of 2011 in WP No. 10414 of 2011 and Order dated 26.12.2012 passed in WP No. 10414 of 2011.

3. Special Leave Petition (Civil) No. 38017 of 2013 has been filed by the Government of Andhra Pradesh aggrieved by the judgment of the High Court of Andhra Pradesh in Writ Appeal No. 1125 of 2013 arising out of Writ Petition No. 10414 of 2011 and connected matters.

4. Writ Petition No. 10414 of 2011 was filed by M/s. Roudri Co-operative Housing Society Limited which is the first Respondent in all the appeals herein. The said writ petition was filed seeking a writ of mandamus with various prayers which read as follows:

For the reasons stated in the accompanying affidavit, it is therefore, prayed that this Hon'ble Court may be pleased to issue a writ, order or orders more particularly one in the nature of writ of mandamus declaring the action of the Respondents in not implementing the order dated 18.3.2011 of the State Human Rights Commission in HRC No. 758/2011 by shifting the hut dwellers from an extent of land admeasuring Ac. 4-10 guntas in Sy. Nos. 82, 122, 123(P) of Saidabad Mandal, Hyderabad District and not accommodating them in the alternative site inspite of the assurances given on 20.01.2006 by the 2nd Respondent on 25.02.2006 by the 4th Respondent, the G.O. Ms No. 1451 dated 06.12.2008, G.O. Memo No. 65122/UC.IV/97-6 dated 06.12.2008 and the orders dated 18.03.2011 in HRC No. 758 of 2011 passed by the Hon'ble State Human Rights Commission Hyderabad as arbitrary, illegal and against the principles of natural justice and also Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents to evict the hut dwellers there from and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

It can be noticed that the first prayer is for implementation of the order dated 18.3.2011 of the State Human Rights Commission in HRC No. 758/2011. The operative portion of the said order is as follows:

In the circumstances, pending final disposal of this case and H.R.C. No. 510/2011 after hearing all the parties, the Collector, Hyderabad District is directed to consider shifting of the hut-dwellers of Singareni Colony from an extent of Ac. 4-10 guntas belonging to M/s. Roudri Cooperative Housing Society to the Munaganuru Village of Hayathnagar Mandal of Ranga Reddy District, where an extent of Ac. 2.00 has been identified for temporary rehabilitation of the hut dwellers and also to see that no new huts are erected on the extent of Ac. 4.10 guntas of land and report compliance by 8.4.2011.

The case of all the Appellants herein is that the S........