Widow Denied PM Awas Benefits For 7 Yrs Due To Forgery Of Govt Official: Orissa HC Orders Immediate Disbursal Of Benefit, Recovery From Salary

The Orissa High Court has ordered the Panchayati Raj Department to immediately disburse the benefits under the Pradhan Mantri Awas Yojana-Gramin (PMAY-G) to an elderly widow who, despite of being eligible to get the benefits, was deprived of the same due to forgery committed by a person in collusion with a government official.

Underlining the unjust and illegal deprivation caused to the lady due to no fault of her own, the Single Bench of Justice Sanjay Kumar Mishra observed –

“…this Court is of the view that, the Petitioner being a widow, who is waiting since 2016-17 for getting the benefit under the PMAYG Scheme, it would not be appropriate to ask her to wait further for inclusion of her name afresh under the PMAY-G Scheme.”

Factual Background

The petitioner is an old widow lady who, after the death of her husband, had applied for benefit under the PMAY-G scheme in the year 2016-17 before Sarpanch, Khaira Gram Panchayat under Balasore district.

After her repeated requests to the authorities, a field enquiry was conducted in the year 2021 and ground staff found her eligible to avail the benefit under the scheme. Accordingly, her name was included in the relevant list for construction of a new house under the scheme.

Despite of such registration, no amount was sanctioned in her favour. To know about the status of her application, she applied for information under the RTI Act regarding allotment in favour of beneficiaries for the years 2016-18.

The concerned Public Information Officer intimated her that such information is publicly available on the website of PMAY-G. Accordingly, she searched for the information and to her utter surprise, she found that though an amount has been sanctioned in her favour but the same has been disbursed to another woman.

To ventilate her grievances, she submitted her representation before the Collector, Balasore but no efficacious step was taken by any of the authorities although seven to eight years have elapsed in the meantime. Therefore, she approached the High Court filing this writ petition.

Proceedings Before the Court & Observations

During the course of hearing, the Block Development Officer (BDO), Khaira was directed to file a counter affidavit, wherein it was indicated that though the amount has been sanctioned in name of the petitioner but it has been disbursed in favour of another woman.

It was also stated that another woman impersonated the petitioner and filed an affidavit sworn before a notary claiming herself to be the real beneficiary. After filing of such affidavit, the BDO had instructed the Panchayat Executive Officer (PEO), Khaira to enquire into the matter and submit a report.

The PEO submitted his report, which contained signatures/endorsements of some villagers, affirming the affidavit filed the said lady to be true. On the basis of such order, the BDO issued work order in favour of the said lady.

Subsequently, it was discovered that the lady had colluded with the PEO to commit forgery which led to disbursement of the amount in her favour and the petition was deprived of the benefit.

The Court perused the relevant documents including the report of the PEO, forged notary affidavit of the said lady and also the counter affidavit filed by the BDO. After examining the same, the Court was of the view that the said lady took away the benefit by impersonating the petitioner and she could do the same due to the false report of the PEO.

The counsel for the State conceded the fact that the petitioner, despite of being eligible to avail the benefits under the scheme, has been deprived of the same. But he submitted that though the process of inclusion of names was over in 2019, it has been further extended and currently, the portal is accepting new registrations.

However, the Court was averse to the suggestion that the petitioner should be asked to re-apply for the same.

“From the discussions made above, this Court is of the view that once the application of the Petitioner under the PMAY-G, after verification, was accepted and her name was included in the beneficiary list under the Scheme, the Petitioner should not be asked to wait further for inclusion of her name under the extended Scheme in terms of the said Circular dated 21.08.2024,” it held.

Accordingly, it ordered the department to issue fresh work order in favour of the petitioner without pestering on re-inclusion of her name afresh.

Further, it ordered the Superintendent of Police (Vigilance), Balasore Division, Balasore to investigate into the matter and proceed against the culprits in accordance with law.

Above all, the Court directed the Panchayti Raj Department to pay Rs. 20,000/- to the petitioner towards cost in order to compensate the humiliation and hardship caused to her due to the misconduct and negligence of the State officials. It was clarified that the above amount shall be recovered from the salary of the erring officials.

Case Title: Ramamani Rout v. State of Odisha & Ors.

Case No: W.P.(C) No. 11144 of 2024

Date of Judgment: September 30, 2024

Counsel for the Petitioner: Ms. A. Dash, Advocate

Counsel for the State: Mr. B. Panigrahi, Addl. Standing Counsel

Citation: 2024 LiveLaw (Ori) 82

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