Right to housing fundamental right: Punjab and Haryana High Court sets aside jhuggi demolition orders

Background

The court was hearing a plea filed by one Dhruv and other jhuggi dwellers who through his counsel submitted that they are jhuggi dwellers and are eligible for allotment of flats under the Chandigarh small flats scheme 2006.

It was argued that the authorities concerned had issued demolition orders without giving any notice or hearing opportunity to them. It was further submitted that the petitioners had sent a legal notice to the authorities for considering their claim for allotment of flats however no action was taken.

The court noted that petitioners being jhuggi dwellers have the right to be considered for allotment of flat under the small flats scheme 2006.

The bench ruled that the demolition orders passed without granting hearing opportunity or issuing notice to the petitioners was unsustainable.

“The demolition orders which have been passed without affording an opportunity of hearing or issuance of notice to the petitioners are unsustainable and liable to be set aside,” the order read.

The court, therefore, allowed the petition and set aside the demolition orders. The court directed the authorities to consider the claim of jhuggi dwellers for allotment of flats.

“Respondents are 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,” the court ordered.

It directed to pass an order within two months while directing to maintaining status quo till further orders were passed by the competent authority.

Quashed decision rejecting claims of jhuggi dwellers for flats

In another case, the court, last month, 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.

The matter was then heard by Justices Grewal and 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.