Punjab and Haryana High Court Upholds Right to Housing, Overturns Rejection of Allotment Under Chandigarh Scheme

Court affirms fundamental right to housing, orders reconsideration of jhuggi dwellers' claims for flats under the Chandigarh Small Flats Scheme, 2006.

In a significant ruling, the Punjab and Haryana High Court has reaffirmed the fundamental right to housing under Article 21 of the Constitution of India by setting aside an order that rejected the claims of jhuggi dwellers for flats under the Chandigarh Small Flats Scheme, 2006. The Division Bench, comprising Justices Anupinder Singh Grewal and Mandeep Pannu, emphasized the necessity of providing an opportunity of hearing before rejecting such claims.

The petitioners, led by Rajesh Kumar Giri, had their application for housing under the 2006 Scheme rejected by the Chandigarh Housing Board without notice or a hearing. This action prompted legal intervention, arguing the rejection violated the petitioners' fundamental rights.

The Court highlighted the importance of procedural fairness, stating that any decision affecting the right to housing must comply with the principles of natural justice. The judgment underscored that the failure to issue a notice or allow a hearing rendered the impugned order unsustainable.

The Court directed the Chandigarh Housing Board and related respondents to reevaluate the petitioners' applications within two months, ensuring adherence to legal norms. Until a final decision is made, the status quo is to be maintained.

This decision marks a pivotal moment in affirming the rights of marginalized communities to adequate housing and reinforces the constitutional safeguard of the right to life, inclusive of the right to shelter.

Bottom Line:

Right to housing is a fundamental right under Article 21 of the Constitution of India. Rejection of claim for allotment of flats under Chandigarh Small Flats Scheme, 2006, without issuance of notice or granting an opportunity of hearing, is unsustainable.

Statutory provision(s): Article 21 of the Constitution of India

Rajesh Kumar Giri v. Union of India, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2820379