In a landmark judgment reinforcing the sanctity of shelter, the Punjab and Haryana High Court has unequivocally declared that the right to housing is a fundamental right under Article 21 of the Constitution. The court set aside demolition orders issued by the Chandigarh administration against jhuggi (shanty) dwellers, ruling that the action was taken without due process.
Court Upholds Due Process, Slams Demolition Without Notice
A bench comprising Justices Anupinder Singh Grewal and Deepak Manchanda delivered the verdict while hearing a petition filed by jhuggi dwellers, including one Dhruv. The petitioners argued that the Chandigarh authorities had issued demolition orders for their homes without granting them any hearing or issuing a prior notice, a clear violation of natural justice.
The court strongly agreed, stating that orders passed without such basic procedural safeguards are "unsustainable and liable to be set aside." The bench emphasized that the petitioners, as residents of the jhuggis, have a legitimate right to be considered for the allotment of alternative flats under government rehabilitation schemes.
Directive for Rehabilitation Under 2006 Scheme
Going beyond merely quashing the demolition, the High Court issued specific directives for the rehabilitation of the affected families. The bench ordered the Union Territory authorities to actively consider the claims of the jhuggi dwellers for the allotment of flats.
"It is trite that the right to housing is a fundamental right under Article 21 of the Constitution of India and the petitioners being jhuggi dwellers have every right to be considered for allotment of a flat," the court held in its order dated recently.
The court directed the administration to evaluate the claims under the Chandigarh Small Flats Scheme of 2006 or any other appropriate rehabilitation scheme. The authorities have been instructed to pass a formal order on this matter within a period of two months. Until a decision is made by the competent authority, the court has ordered the maintenance of the status quo at the site.
A Precedent Against Arbitrary Action
This judgment aligns with a growing judicial trend against arbitrary evictions. Notably, just last month, the same High Court had set aside a decision by the Chandigarh Housing Board (CHB) that rejected the claims of several slum dwellers under the same 2006 scheme. In that case, heard by Justices Grewal and Mandeep Pannu, the court found that the CHB had rejected duly recommended applications without issuing notice or granting a hearing.
By consistently upholding the principles of natural justice and explicitly linking the right to life with the right to shelter, the Punjab and Haryana High Court has set a powerful precedent. It sends a clear message to authorities across the region that rehabilitation must be a core component of urban planning and that the homes of the most vulnerable cannot be summarily destroyed.
