Home / Crime and Justice / High Court Grants Jhuggi Dwellers Housing Hope
High Court Grants Jhuggi Dwellers Housing Hope
11 Dec
Summary
- Court mandates fresh claim review for flat allocation.
- Jhuggi dwellers' right to housing is a fundamental right.
- Rejection was made without a hearing, violating due process.
In a significant ruling, the Punjab and Haryana High Court has quashed the Chandigarh Housing Board's (CHB) previous decision to deny flats to jhuggi dwellers under the 2006 scheme. The court found that the rejection was made without affording the affected individuals a necessary hearing, thus infringing upon their fundamental right to housing.
The bench emphasized that the right to housing is enshrined in Article 21 of the Constitution. Petitioners, who are jhuggi dwellers, are entitled to fair consideration for flats under the Chandigarh Small Flats Scheme, 2006. The previous order was deemed unsustainable due to the lack of prior notice or an opportunity for the petitioners to present their case.
Consequently, the administration has been directed to conduct a fresh assessment of the petitioners' claims within a two-month period, ensuring a decision is made in accordance with the law. Until then, the parties are to maintain the status quo, safeguarding the dwellers' current situation while their eligibility for housing is re-examined.
