Case Note & Summary
The petitioner, Maharashtra Housing and Area Development Authority (MHADA), a statutory authority for housing development in Maharashtra, challenged an order dated 22nd October 2009 passed by the Maharashtra State Human Rights Commission. The Commission had directed MHADA to allot a residential flat of a certain restriction in a specified area at a specified price within three months to the applicant (Respondent No.2). MHADA contended that the Commission lacked jurisdiction to entertain the complaint as it pertained to proprietary rights, not human rights. The High Court examined the definition of 'human rights' under Section 2(d) of the Protection of Human Rights Act, 1993, which includes rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution. The court held that the right to allotment of a flat at a particular price is a proprietary right, not a human right. The Commission's jurisdiction under Section 12 is limited to inquiring into complaints of human rights violations. The court quashed the Commission's order, holding that the Commission had exceeded its jurisdiction. The petition was allowed, and the rule was made absolute.
Headnote
A) Human Rights Law - Jurisdiction of Human Rights Commission - Proprietary Rights - The Maharashtra State Human Rights Commission exceeded its jurisdiction under Section 12 of the Protection of Human Rights Act, 1993 by directing MHADA to allot a flat to a citizen, as the matter involved proprietary rights and not human rights. The Commission can only inquire into complaints relating to human rights violations, not civil or contractual rights. (Paras 3-5) B) Human Rights Law - Definition of Human Rights - Section 2(d) of Protection of Human Rights Act, 1993 - Human rights are defined as rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution. The right to allotment of a flat at a specified price is a proprietary right and does not fall within this definition. (Para 4) C) Constitutional Law - Right to Housing - Article 21 of Constitution of India - While the right to shelter is part of the right to life under Article 21, the right to a particular flat at a particular price is not a human right but a contractual or statutory right. The Commission cannot enforce such specific performance. (Para 4)
Issue of Consideration
Whether the Maharashtra State Human Rights Commission has jurisdiction to pass an order directing a statutory authority to allot a residential flat to a citizen, which pertains to proprietary rights rather than human rights.
Final Decision
The High Court allowed the writ petition, quashed the order of the Maharashtra State Human Rights Commission dated 22nd October 2009, and made the rule absolute.
Law Points
- Jurisdiction of Human Rights Commission
- Proprietary rights not human rights
- Scope of Section 12 of Protection of Human Rights Act
- 1993
- Distinction between human rights and civil rights
