Case Note & Summary
The petitioners, slum dwellers residing in Mangal Talavadi area, filed Special Civil Application No. 18511 of 2017 and connected petitions seeking a writ of mandamus for alternative accommodation and allotment of flats constructed in the same area or elsewhere. They also sought interim relief for temporary alternative accommodation and extension of benefits under the Rehabilitation and Resettlement (R&R) Scheme. The court, hearing the lead matter along with other similar petitions, noted that the issues were identical and arose from similar facts. The petitioners argued that their land was acquired without providing adequate rehabilitation. The respondents, represented by the State and the acquiring authority, did not oppose the relief but sought time to consider the matter. The court, emphasizing the fundamental right to shelter under Article 21 of the Constitution, directed the respondents to consider the petitioners' case for alternative accommodation and to provide temporary alternative accommodation pending final decision. The court also directed the respondents to extend the benefits of the R&R Scheme to the petitioners. The judgment was delivered by Justice Hemant M. Prachchhak on 12 March 2026.
Headnote
A) Land Acquisition - Rehabilitation and Resettlement - Alternative Accommodation - Right to Shelter - Petitioners, slum dwellers, sought alternative accommodation and benefits under the R&R Scheme after their land was acquired - Court held that the petitioners are entitled to consideration for alternative accommodation and directed the respondents to provide temporary alternative accommodation pending final decision - Held that the right to shelter is a fundamental right under Article 21 of the Constitution (Paras 1-5).
Issue of Consideration
Whether the petitioners, who are slum dwellers affected by land acquisition, are entitled to alternative accommodation and benefits under the Rehabilitation and Resettlement (R&R) Scheme.
Final Decision
The court directed the respondents to consider the petitioners' case for alternative accommodation and to provide temporary alternative accommodation pending final decision. The respondents were also directed to extend the benefits of the R&R Scheme to the petitioners.
Law Points
- Right to rehabilitation
- alternative accommodation
- land acquisition
- slum dwellers
- R&R scheme
- mandamus
