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High Court sets aside rejection of jhuggi dwellers’ housing claims

Bench says right to housing is part of Constitution’s Article 21, directs CHB to reconsider applications under Small Flats Scheme 2006.

2 min readDec 10, 2025 08:55 PM IST

The court ordered a fresh, reasoned decision under the 2006 scheme or another rehabilitation plan within two months.

The Punjab and Haryana High Court set aside CHB’s rejection of jhuggi dwellers’ housing claims, calling it a violation of natural justice. (File Photo)

The Punjab and Haryana High Court has set aside the Chandigarh Housing Board’s (CHB’s) decision to reject the claims of several jhuggi (slum) dwellers for flats under the Chandigarh Small Flats Scheme 2006, holding that the order was passed without issuing any notice or granting them a hearing.

A Division Bench of Justice Anupinder Singh Grewal and Justice Mandeep Pannu was hearing a petition filed by Rajesh Kumar Giri and others, who said their cases had been duly recommended by the Estate Officer and the CHB through official communications, but were later rejected abruptly.

The court noted that the petitioners’ applications were under active consideration for allotment when the housing board rejected them without following basic principles of natural justice. It said the right to housing formed an integral part of the right to life under Article 21 of the Constitution, and that slum dwellers were entitled to fair consideration under the rehabilitation scheme.

Calling the impugned order dated September 18, 2025, “unsustainable”, the Bench quashed it and directed respondents 3 and 4, which include the CHB, to reconsider the petitioners’ claims either under the 2006 scheme or any other suitable rehabilitation scheme. It asked the authorities to pass a fresh and reasoned order within two months of receiving the court’s directive.

The Bench also directed all parties to maintain status quo until the competent authority takes a fresh decision.

The Chandigarh Small Flats Scheme, 2006, was notified by the Union Territory (UT) Administration of Chandigarh on November 6, 2006, as a rehabilitation plan for residents of unauthorised habitations in Chandigarh. Under this scheme, identified jhuggi dwellers from certain “notified colonies” were to be allotted one-room flats on a monthly licence basis.

The scheme was intended to replace unsafe, cramped, and unhygienic slums on encroached public land with small flats built by CHB, thereby offering permanent shelter, improving living conditions, and regularising habitation.

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The scheme originally identified 18 colonies (clusters of jhuggis) via a biometric survey carried out in March 2006. Only those living in these colonies and whose names appeared in the March-2006 biometric survey of the UT Administration were eligible.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More