CHANDIGARH: The Punjab and Haryana High Court has annulled the Chandigarh Housing Board’s (CHB) decision to deny flats to several jhuggi dwellers under the Chandigarh Small Flats Scheme, 2006. The court observed that the authorities failed to provide these individuals with an opportunity to be heard. Consequently, it has mandated the administration to revisit the issue and make a decision within two months.
A division bench consisting of Justice Anupinder Singh Grewal and Justice Mandeep Pannu issued this ruling while addressing a petition presented by Rajesh Kumar Giri and others.
The bench noted that the jhuggi dwellers had their claims for flat allotment under the 2006 scheme pending, but these were dismissed without any notice or hearing. The bench emphasized that the right to housing is a fundamental right under Article 21 of the Constitution and that the petitioners are entitled to consideration for flat allotment under the 2006 scheme.
“The impugned order, having been made without affording the petitioners a chance to be heard or issuing a notice, is unjustifiable and should be overturned… The administration is tasked with reassessing the petitioners’ claims for flats under the 2006 Scheme or another suitable rehabilitation scheme. A decision must be made in accordance with the law within two months of receiving a certified copy of this ruling. The parties must maintain the current situation until the competent authority issues its order,” the bench stated in its ruling released on Wednesday.
The petitioners argued that they are jhuggi dwellers, and their requests for flat allotment under the Chandigarh Small Flats Scheme, 2006 were endorsed by the Estate Officer and the Chandigarh Housing Board. However, their claims were rejected by the Chandigarh Housing Board without notice or the opportunity for a hearing.
