'Right To Housing Is Fundamental Right': P&H High Court Sets Aside Rejection Of Jhuggi Dwellers' Claims Under Small Flats Scheme

The Punjab & Haryana High Court has quashed an order of the Chandigarh Housing Board (CHB) rejecting the claims of a group of jhuggi dwellers for allotment of flats under the Chandigarh Small Flats Scheme, 2006, holding that the decision was taken in violation of the principles of natural justice.

Justice Anupinder Singh Grewal and Justice Mandeep Pannu said, "It is manifest that the claim of the petitioners, who are jhuggi dwellers, was under consideration for allotment of flat under the 2006 Scheme but the same has been rejected without issuance of any notice or granting an opportunity of hearing to them. 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 under the 2006 Scheme."

The Court found that the impugned order, which has been passed without affording an opportunity of hearing or issuance of notice to the petitioners is unsustainable and liable to be set aside.

The petitioners, were jhuggi dwellers and their case for allotment of flats under the Chandigarh Small Flats Scheme, 2006 had been recommended by the Estate Officer and Chandigarh Housing Board vide communications.

However it was alleged that the Chandigarh Housing Board without issuance of any notice or granting an opportunity of hearing to the petitioners, has rejected their claim for allotment of flat under the 2006 Scheme.

While allowing the petition the impugned order was set aside and respondents were directed to consider the claim of the petitioners for allotment of flat(s) under the 2006 Scheme or any other appropriate Scheme for their rehabilitation.

They shall pass an order in accordance with law, within a period of 02 months from the date of receipt of certified copy of this order and the parties shall maintain status quo till the order is passed by the competent authority, the Court added.

Mr. Amit Jaiswal, Advocate for the petitioners

Mr Satyapal Jain, Additional Solicitor General of India with Ms.Neha Sharma, Panel Counsel for respondent No.1/UOI.

Mr. Sanjeev Ghai, Additional Standing Counsel with Ms. Arushi Dubey, Junior Panel Counsel for respondents No.2, 3 & 5.

Title: Rajesh Kumar Giri and others v. Union of India and others

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