Case Note & Summary
The petitioners, 22 individuals, were granted house sites under the Ashraya Scheme in 1991-92 by the Tahsildar in Survey No. 64, which was gomal land. The Ashraya Committee invited applications and issued hakku patras in 1992. The petitioners constructed houses and were provided with sanitary, electricity, and water connections by the authorities in 1995. A preliminary notification under Section 3 of the Slum Clearance Act, 1973 was gazetted on 27.11.1991, declaring 13.30 acres as a slum area. Despite this, the Deputy Commissioner passed an order on 26.2.2013 directing demolition of the petitioners' houses. The petitioners challenged this order by filing writ petitions under Articles 226 and 227 of the Constitution. The court noted that the petitioners had been in possession for over 20 years and had developed the area with basic amenities. The Deputy Commissioner's order was passed without notice or opportunity of hearing to the petitioners, violating principles of natural justice. The court held that the order was unsustainable and quashed it, directing the respondents not to interfere with the petitioners' possession except by due process of law.
Headnote
A) Land Law - Ashraya Scheme - Grant of House Sites - Legitimate Expectation - Petitioners were granted house sites under Ashraya Scheme in 1991-92 and constructed houses with basic amenities - Deputy Commissioner's order to demolish without notice or opportunity of hearing violates principles of natural justice - Held that the order is unsustainable and quashed (Paras 1-5). B) Slum Clearance Act - Declaration of Slum Area - Section 3 - Preliminary notification under Section 3 of Slum Clearance Act, 1973 was issued in 1991 - The area was declared as slum, and petitioners were in possession - The Deputy Commissioner's order ignoring the slum declaration and directing demolition is contrary to law - Held that the order is set aside (Paras 1-5). C) Constitutional Law - Right to Shelter - Article 21 - Right to life includes right to shelter - Petitioners have been in possession for over 20 years with basic amenities - Demolition without rehabilitation or due process infringes fundamental rights - Held that the impugned order is quashed (Paras 1-5).
Issue of Consideration
Whether the Deputy Commissioner's order dated 26.2.2013 directing demolition of houses constructed by petitioners on gomal land granted under Ashraya Scheme is sustainable in law, given the long possession and development of the area.
Final Decision
The writ petitions are allowed. The impugned order dated 26.2.2013 passed by the Deputy Commissioner is quashed. The respondents are directed not to interfere with the petitioners' possession except by due process of law.
Law Points
- Doctrine of Legitimate Expectation
- Right to Shelter under Article 21
- Slum Clearance Act 1973 Section 3
- Karnataka Land Revenue Act 1964 Section 136(3)
- Principles of Natural Justice
