This judgment from Hon’ble Apex Court held that Right to Shelter flows from Article 21 of Constitution of India.
From Para 13,
MS. Shantistar Builders Vs Narayan Khimalal Totame And Others on 31 January, 1990
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.
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.
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