The Supreme Court asserted the fundamental right to shelter, citing government policy gaps leading to unauthorized colonies. Temporarily halting the demolition of one establishment, the court questioned the need for monetary compensation.
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NEW DELHI: On Thursday, the Supreme Court of India emphasized the fundamental right to shelter, addressing the issue of unauthorized colonies arising from gaps in government housing policies. During the deliberation on pleas against the demolition of 24 alleged illegal establishments in Lucknow’s Akbar Nagar, the court underscored the necessity for affordable housing and questioned the government’s role in the escalating housing crisis.
Justice Khanna pointed out the government’s shortcomings, stating-
“There is a failing on the part of the government as well. A roof over your head, a shelter is a basic right. Land in all occasions is virtually with government, since land is substantially with government price is also high. We have to accept that fact.”
This remark highlights the court’s stance on the government’s responsibility to ensure housing for its citizens.
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The Supreme Court has temporarily halted the demolition of one of the establishments until March 4, allowing the petitioner time to remove their belongings. Furthermore, the court has allowed for the application for alternative accommodation under the Lucknow Development Authority’s scheme, showcasing a move towards providing solutions for those affected by demolitions.
The court’s directive extends to ensuring documentation of the demolition process, including pre and post-demolition photographs and a list of belongings, ensuring transparency and accountability. The hearing also revealed that the majority of the commercial establishments targeted for demolition do not cater to the economically weaker sections (EWS), highlighting a disconnect in policy implementation.
Addressing the broader issue of housing for the economically weaker sections, the court noted the significant gap between policy intentions and ground-level execution. The statement, “unauthorised colonies are bound to come up,” reflects the court’s acknowledgment of the inevitable consequences of inadequate housing policies.
Regarding residential establishments on government land, the court acknowledged a pending high court case and directed a temporary halt to demolitions until a judgment was pronounced. The court underscored the housing challenges faced by economically weaker sections, emphasizing the stark disparity between policy intentions and on-the-ground implementation, leading to the inevitable emergence of unauthorized colonies.
