Chandigarh Small Flats Scheme Aims To Provide Shelter To Jhuggi Dwellers, Detailed Enquiry Required Before Deciding Applicant Is Ineligible: P&H HC
Observing that Chandigarh Small Flats Scheme, 2006, under which residents of Jhuggis (slums) were to be allotted one-room flats aims to provide shelter to jhuggi dwellers, the Punjab & Haryana High Court said a detailed enquiry is required to be conducted before concluding that the applicant is not a resident.Justice Sureshwar Thakur and Justice Vikas Suri said, "When the holistic purpose...
Observing that Chandigarh Small Flats Scheme, 2006, under which residents of Jhuggis (slums) were to be allotted one-room flats aims to provide shelter to jhuggi dwellers, the Punjab & Haryana High Court said a detailed enquiry is required to be conducted before concluding that the applicant is not a resident.
Justice Sureshwar Thakur and Justice Vikas Suri said, "When the holistic purpose of the scheme, thus is to be endowed to the jhuggi dwellers, who are the ultra marginal section(s) of society, inasmuch as, thereby theirs becoming provided with a shelter, so that therebys the Constitutional provision relating to right to life rather also becomes fully activated. Resultantly, a more detailed inquiry was required to be engaged into by the competent authority, thus through the...opportunities becoming advanced to all concerned."
The Court was hearing a writ petition filed by Mohan Lal challenging the order of Chief Executive Officer (CEO) of Chandigarh Housing Board whereby he was denied the benefit of Chandigarh Small Flats Scheme, 2006. The order stated that Mohan Lal does qualify as a "recognized resident" as per the scheme.
As per the Scheme, a "recognized resident" must be included in the 2006 voter list, and the Biometric Survey, 2006 conducted by the Chandigarh Administration. Additionally, a person not in the 2006 voter list can qualify if they appeared in the voter lists of 2004, 2005, 2007, or 2008.
Further, Clause 6(a) of the Scheme (Eligibility for Allotment) stated that only those who appear in the biometric survey and voter lists of 2006 (or alternative years) are eligible.
After examining the submissions, the Court found that the petitioner's name was included in the 2006 Biometric Survey. However, he was not listed in the 2006 voter list. His name did appear in the voter lists of 2004, 2005, 2010, and 2011, but it did not appear in the voter lists of 2006, 2007, 2008, or 2009, which was a requirement under the scheme.
Speaking for the bench Justice Thakur noted that voter lists are prepared based on electoral staff's visits to colonies. The petitioner may have been temporarily absent when officials visited his jhuggi, leading to his omission from the 2006 voter list. Hence, exclusion from the voter list could not be grounds to deny him the benefit of the scheme.
"More importantly, when the factum of the present petitioner continuously residing in the jhuggi rather since the year 2006 becomes supported from his name appearing in the biometric survey, besides when the said factum is also corroborated from the certificate issued by the Contractor concerned, who had installed an electricity connection in the jhuggi of the petitioner, thus with bespeakings therein, that the said installed electricity connection was so installed in the year 2003," the bench added.
Stating that the petitioner was arbitrarily disqualified from the scheme, the Court highlighted that "no opportunity became assigned by the competent authority, to justify his non-inclusion in the voters list for the year 2006."
In light of the above, the plea was allowed and the Court directed the authorities to provide a small flat under the Scheme to the petitioner.
Ms.KushaldeepKaur,Advocate for the petitioner.
Mr. Anil Sharma, Advocate for respondent Nos.1 to 3.
Mr. V.D. Anand, Advocate with Ms. Priyanka Dalal, Advocate for respondent No.4.
Title: MOHAN LAL v. UT OF CHANDIGARH AND ORS