In a significant ruling that reinforces the fundamental right to shelter, the Punjab and Haryana High Court has set aside a demolition order targeting a cluster of jhuggis in Chandigarh's Shahpur Colony. The court's intervention has provided immediate relief to approximately 150 families facing the threat of eviction and homelessness.
Court Cites Constitutional Duty, Quashes Demolition Directive
The bench, presided over by Justice Anupinder Singh Grewal, delivered the judgment on a petition filed by residents challenging the demolition order issued by the Chandigarh Administration. The court meticulously examined the case and found the administration's order legally unsustainable.
Justice Grewal's ruling strongly emphasized that the right to housing is a fundamental right intertwined with the right to life under Article 21 of the Constitution. The court stated that authorities cannot render citizens homeless without following due process and ensuring the provision of alternative accommodation, especially for the economically weaker sections of society.
The demolition order was issued for a jhuggi jhopri cluster located in Chandigarh's Sector 53, specifically in Shahpur Colony. The residents, many of whom have lived there for decades, argued that they were not provided with any alternative resettlement plan before the administration decided to raze their homes.
A Victory for Procedural Justice and Dignity
The High Court's decision underscores several critical legal principles. Firstly, it reaffirms that any action leading to the displacement of citizens must adhere strictly to the principles of natural justice. This includes giving adequate notice, a fair hearing, and a reasoned order.
Secondly, the judgment places a positive obligation on the state. It highlights that the government's duty is not merely to avoid making people homeless but to actively ensure adequate housing. The bench pointed out that the Chandigarh Administration failed to demonstrate any compliance with rehabilitation policies that are meant to protect vulnerable residents in such situations.
The court also took into account the long-standing occupation of the site by the petitioners. Many families have proof of residence going back years, which further strengthened their plea against a sudden and disruptive eviction.
Implications and the Path Forward for Residents
The immediate consequence of this verdict is that the demolition order stands quashed. The Chandigarh Administration is now legally barred from carrying out the eviction and demolition of the jhuggis in Shahpur Colony based on the invalidated order.
However, the court's ruling also opens a pathway for a more structured and humane resolution. While protecting the residents from immediate homelessness, the judgment implicitly directs the administration to engage in a proper process if any development or clearance of the land is deemed necessary in the future. This process would mandatorily involve consultation, rehabilitation, and resettlement in accordance with the law.
This case sets a vital precedent for similar disputes across the region, reminding civic authorities of their constitutional obligations. The ruling from Justice Anupinder Singh Grewal serves as a powerful reminder that urban development cannot come at the cost of depriving the poor of their basic right to shelter and dignity. For now, the 150 families of Shahpur Colony can breathe a sigh of relief, their homes secured by the protective shield of the judiciary.
