The Kerala High Court has underscored the paramount importance of caring for the elderly by facilitating an octogenarian woman’s wish to build a home on her land. The case involved an 85-year-old widow, who, after the demise of her husband and son, found solace in an orphanage, owning no property other than 81 cents of waterlogged land. Her dream was to construct a house on a portion of this land to spend her remaining days.
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Despite her humble request to reclaim 10 cents of the land for this purpose, her application was initially rejected by the Local Level Monitoring Committee. The committee argued that such reclamation could potentially disrupt the ecological balance of the area. This decision was based on the premise that the construction could adversely affect the surrounding environment, including nearby paddy fields.
Undeterred, the octogenarian approached the Kerala High Court, challenging the committee’s decision. She argued that the refusal was unfounded, especially since there were already numerous houses in the vicinity of her property. The court, moved by her plight and the unique circumstances of her case, ruled in her favor.
In its judgment, the court emphasized the societal obligation to support the elderly, particularly those in vulnerable situations like the petitioner. The court observed,
“Balance of ecological conditions is a need for the citizen and not for the law. The petitioner, who is an 85-year-old lady, wants to construct a residential house in her last days of life… This Court cannot turn its face to this ground reality and reject the application stating that the reclamation of the property will adversely affect the ecological condition.”
The court directed the authorities to identify 10 cents within the petitioner’s land that could be reclaimed with the least environmental impact, marking this decision as an exceptional case. This directive was to be executed within three weeks, recognizing the urgency given the petitioner’s advanced age. However, the court also made it clear that this judgment was specific to the petitioner’s circumstances and should not set a precedent for future cases.
This ruling not only paves the way for the octogenarian to fulfill her dream of living in her own home but also sets a significant benchmark in acknowledging the importance of caring for the elderly. It reflects a compassionate approach towards balancing environmental concerns with human needs, especially those of the vulnerable elderly population.
