Landmark Judgment Secures Home for Orphaned Minor Under Chandigarh Small Flats Scheme, 2006
In a significant judgment reinforcing the fundamental right to shelter, the Punjab and Haryana High Court has directed the Chandigarh Housing Board to allot a flat to Kiran, a minor and sole legal heir of her deceased father, under the Chandigarh Small Flats Scheme, 2006. The court emphasized a liberal interpretation of the scheme in light of Article 21 of the Indian Constitution, which guarantees the right to life and shelter.
The case centered around Kiran, who was a minor when her father, Vir Singh, was found eligible for a flat allotment but passed away before receiving one. Despite objections from the Chandigarh Housing Board, which cited the absence of a provision for allotting flats to minors, the court ruled in favor of Kiran, highlighting her status as an orphan and her father's eligibility under the scheme.
The court noted that Vir Singh had fulfilled all criteria as a "Recognized Resident" under the scheme, being listed in both the 2006 voter list and the biometric survey. It rejected the Housing Board's technical objections regarding discrepancies in the mother's name and the absence of Kiran's name in earlier records due to her age, underscoring that the right to shelter is a fundamental human right that should not be denied on such grounds.
The decision draws upon the Supreme Court's precedent in Chameli Singh v. State of U.P., asserting that the right to shelter is integral to the right to life. The judgment mandates the Chandigarh Housing Board to allot a flat to Kiran within 15 days, ensuring her right to a secure home.
Bottom Line:
Chandigarh Small Flats Scheme, 2006 - Allotment of flat to minor who is the sole legal heir of a deceased eligible parent - Liberal interpretation of the scheme in light of Article 21 of the Constitution and the fundamental right to shelter.
Statutory provision(s): Article 21 of the Constitution of India, Chandigarh Small Flats Scheme, 2006
Kiran (minor) v. Chandigarh Housing Board, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2837437
