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The Punjab and Haryana High Court has overturned the Chandigarh Housing Board's rejection of jhuggi dwellers & applications under the Chandigarh Small Flats Scheme, 2006. The court observed that applicants were denied an opportunity to be heard and notices were not issued, violating natural justice. It directed the administration and housing board to re-examine these applications and pass a reasoned decision within two months. The ruling reinforces the right to housing under Article 21 and ensures that dwellers who previously faced procedural lapses receive fair consideration for rehabilitation in Chandigarh.
The Punjab and Haryana High Court has set aside the Chandigarh Housing Board's (CHB) decision rejecting multiple jhuggi dwellers applications for flats under the Chandigarh Small Flats Scheme, 2006. The court noted that the board had not issued notices to the applicants nor provided them a chance to be heard, which amounted to a violation of natural justice. Advertisement
The bench, comprising Justices Anupinder Singh Grewal and Mandeep Pannu, emphasised that housing is part of the fundamental right to life under Article 21 of the Constitution. They pointed out that applicants seeking rehabilitation should be treated fairly, with transparent procedures. The court directed the authorities to reconsider all pending applications carefully and to pass a fresh, reasoned decision within two months. Until then, the current status of the dwellers and their applications must remain unchanged.
The petitioners, including Rajesh Kumar Giri, had their applications recommended for allotment by the Estate Officer and CHB. Despite these endorsements, the board rejected their applications without informing them or providing reasons, prompting the court to declare the rejection illegal. The judgment underscores that administrative authorities cannot bypass due process, especially in cases involving vulnerable residents seeking formal housing.
The Chandigarh Small Flats Scheme was designed to replace substandard jhuggi settlements with safer, small flats, providing better living conditions and legal recognition. Eligibility for the scheme is usually based on inclusion in earlier biometric surveys of unauthorised colonies and other specific criteria. By addressing the procedural lapses, the court has ensured that deserving applicants are not denied housing due to administrative errors.
This ruling is consistent with previous judgments that stress procedural fairness in housing rehabilitation cases. Courts across India have often intervened when authorities failed to follow due process, especially where basic rights and safety are involved. The decision also highlights the need for the Chandigarh administration and CHB to maintain transparency, fairness, and timely decision-making in housing allocation.
The authorities have been asked to review applications either under the 2006 scheme or any suitable rehabilitation plan while maintaining the status quo until the final decision is taken. The court's direction is likely to impact both ongoing and future housing schemes, ensuring that procedural lapses are minimised and applicants rights are protected.
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