Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Punjab and Haryana High Court: In a petition filed by jhuggi dwellers challenging Chandigarh Housing Board’s rejection to their claim seeking allotment of flats under the Chandigarh Small Flats Scheme, 2006 (‘2006 Scheme’), the Division Bench of Anupinder Singh Grewal* and Mandeep Pannu, JJ., held that it is trite that the right to housing is a fundamental right under Article 21 of the Constitution and thus, allowed the petition.
The said allotment was recommended by the Estate Officer and Chandigarh Housing Board. However, without issuance of any notice to the petitioners, the Chandigarh Housing Board rejected their claim for allotment of the said flats.
The Court noted that the claim of the petitioners was under consideration, but the same was rejected without granting an opportunity to hear them. The Court stated that it is a settled law that right to housing is a fundamental right under Article 21 of the Constitution and held that the petitioners had every right to be considered for allotment of a flat under the 2006 Scheme. Thus, the said order was unsustainable and liable to be set aside.
Therefore, the Court allowed the petition at hand and directed Respondents 3 and 4 to consider the claim of the petitioners under the 2006 Scheme or any other appropriate Scheme for their rehabilitation. Further, the Court directed them to pass an appropriate order within two months and ordered a status quo until the order was passed.
[Rajesh Kumar Giri v. UOI, CWP No. 36444 of 2025, decided on 8-12-2025]
*Judgement authored by Justice Anupinder Singh Grewal
Advocates who appeared in this case:
For the Petitioner: Amit Jaiswal, Advocate
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