RENU BALI Vs. DELHI DEVLOPMENT AUTHORITY

JUDGEMENT

(1.) Right to live with dignity is a recognised basic human right which is guaranteed by all the civilized societies of the world. The said right encompasses within its ambit the right to food, water, decent environment, education, medical care and shelter Although right to shelter is not explicitly recognised as a Fundamental Right under the Constitution of India, yet our Courts have proclaimed that the same is embedded in the provisions of Articles 19 and 21 of the Constitution of India. In the case of State of Karnataka Vs. Narsimhamurti reported in 1995 (6) JT SC 375, it was declared by the Supreme Court that the right to shelter is a Fundamental Right guaranteed under Article 19(1) of the Constitution. In Chameli Singh and others etc. Vs. State of U.P. And another, AIR 1996 SC 1051, it was declared as follows in paragraph 7 of the judgment:

(2.) In terms of the aforesaid declared law, the State has an obligation subject to economic budgeting to provide facilities and opportunities to have house sites and also to undertake construction of house for accommodation of the houseless. It is more so in a place like Delhi, which not only has a large population of its own but has also to accommodate a huge influx of population from the neighbouring states and various areas in search of job opportunities. There is always a sizeable demand for housing ccommodation in and around Delhi.

(3.) In order to fulfill the aforesaid avowed object and also to meet the requirements compelled by the circumstances, the Delhi Development Authority was constituted by a Central Act being Act 61 of 1957, which was enacted to provide for development of Del i according to plan and for matters ancillary thereto. The object of the Delhi Development Authority is defined under Section 6 of the said Act wherein it is provided that the objects of the Delhi Development Authority would be to promote and secure the development of Delhi according to plan and for that purpose the Authority would have the power to acquire, hold, manage or dispose of land and other properties to carry out building, engineering, mining and other operations.