This judgment from Hon’ble Apex Court held that Right to Shelter flows from Article 21 of Constitution of India.
From Para 13,
In recent years on account of erosion of the value of the rupee, rampant prevalence of black money and dearth of urban land, the value of such land has gone up sky-high. It has a became impossible for any member of the weaker sections to have residential accommodation anywhere and much less in urban areas. Since a reasonable residence is an indispensable necessity for fulfilling the constitutional goal in the matter of development of man and should be taken as included in ‘life’ in Article 21, greater social control is called for and exemptions granted under Section 20 and 21 should have to be appropriately monitored to have the fullest benefit of the beneficial legislation. We, therefore, commend to the Central Government to prescribe appropriate guidelines laying down the true scope of the term ‘weaker sections of the society’ so that everyone charged with administering the statute would find it convenient to implement the same.
MS. Shantistar Builders Vs Narayan Khimalal Totame And Others on 31 January, 1990
Citation: AIR 1990 SC 630, (1990) 92 BOM LR 145, JT 1990 (1) SC 106, 1990 (1) SCALE 86, (1990) 1 SCC 520, 1990 (1) UJ 379 SC
Indiankanoon link: https://indiankanoon.org/doc/1813295/
A follow up judgment from 1995 is here.
Many later judgments are available here.
[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]
Shades of Knife
Disclaimer:
The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.
Judgments curated, reproduced from sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other similar Indian High Court and District Court Websites such as ecourts.gov.in, dcourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.
I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.
Read more gyan here.
Though, I can mask/redacts content (like names of parties from cause title!) from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.
Om Shanthi !!!
Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at
AnaghaLegalReliefs.in !!! (work-in-progress)
We are on social media too.
Just google for: Anagha Legal Reliefs
