• UGI USER
  • Jul 25, 2024
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SC UPHOLDS RIGHT TO SHELTER AMIDST RAILWAY DEVELOPMENT

Why in the news?

  • The Supreme Court emphasized the need for balance between railway infrastructure development in Haldwani and the right to shelter for nearly 50,000 residents accused of illegally occupying railway land.
  • Justice Surya Kant highlighted that while the court must consider these families’ rights, it should not encourage future encroachments.
source:Solutionbuggy

Court’s Observations

  • The SC cannot be indifferent to the fate of the families living on the disputed land.
  • The court’s orders should not be seen as a green light for future illegal occupations.

About the case:

  • The hearing was in response to a Railways application to modify a 2023 Supreme Court order that stayed a directive to evict the families within a week.
Right to Shelter: Legal Perspective and Court Rulings

Right to Shelter and Article 21

  • The right to shelter is considered part of the right to an adequate standard of living under Article 11 of the ICESCR and is integrated into Article 21 of the Indian Constitution.
  • The court has linked the right to life with the right to food and reasonable accommodation, but this has not been consistently enforceable.

Key Court Cases and Decisions

  • Olga Tellis v. Bombay Municipal Corporation (1985): The right to life includes livelihood but does not permit unauthorized public property use for private purposes.
  • Municipal Corporation of Delhi v. Gurnam Kaur (1989): No legal obligation exists for municipalities to provide alternative rehabilitation for pavement squatters.
  • Sodan Singh case (1989): No fundamental right to occupy public pavements for trade purposes.

Evolving Judicial Perspective

  • Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan (1997): The court emphasized the state’s duty to provide socio-economic justice, facilities, and opportunities for the poor to ensure meaningful right to life, including adequate shelter.