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TMI Blog1994 (12) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... s. (iii) and (vi). Admittedly, in the Lower Income Group Housing Scheme, 396 houses were constructed at Pahari at Ahmedabad and were allotted to the government employees on rental basis. Subsequently, the State Government had obtained sanction from the Central Government in May 1969 to convert the scheme into hire purchase scheme and for allotment to the government employees on the criteria indicated therein, namely, continuous residence for five years and also the eligibility criteria excluding the government servants who had already retired from service. Thereafter on April 17, 1971, the government passed a resolution converting 200 out of 396 houses for allotment on hire purchase basis. On a further resolution dated June 22, 1972, all the 396 houses were pooled for allotment on hire purchase scheme. In the offending resolution the allotment was also sought to be given to category (iii), such of those employees working in Sachivalay (Secretariat) and originally allotted the house at Pahari at Ahmedabad but later they shifted their residence and they voluntarily vacated the houses and shifted to the houses allotted at Gandhi Nagar with better accommodation on concessional basis. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the appellants, we are of the considered view that there is no force in any of them. It is true that initially when the Government of India had given sanction for converting 396 lower income group houses from rental scheme to hire purchase scheme, category (iii) employees were in occupation of the respective allotted houses. It is seen that they had vacated the respective premises as they were allotted government houses having better accommodation at Gandhinagar with concessional rates. As on the date of the resolution passed by the government, admittedly, they were not in possession of the houses at Pahari or some of them were in illegal occupation. In these circumstances, the conclusion reached by the High Court that the category (iii) employees are not entitled to the allotment, is just and reasonable. It is not vitiated by any error of law. 6. With regard to the exercise of power by the State under Section 82 of the Act vis-a-vis the regulations made under Section 74 of the Act, we need not go into that question. The reasons are eloquent. Though the lower income group Houses were constructed for the allotment to the weaker sections, from the funds allotted by the Gove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd to protect them from social injustice. 8. Article 11(1) of the International Covenant on Economic, Social and Cultural Rights laid down that the States' parties to the Covenant recognise the right to everyone to an adequate standard of living for himself and for his family including food, clothing and housing and to the continuous improvement of living conditions . The State parties will take appropriate steps to ensure the realisation of these rights. Recognising these obligations of the State and to give effect to the essential importance of International cooperation, the directions contained in Articles 38, 39 and 46, the Housing Scheme for allotment to lower income group of the people was made. Possession of real property is the basis for and the symbol of wealth and influence in society. To the poor, settlement with a fixed abode and right to residence guaranteed by Article 19(1)(e) remain more a teasing illusion unless the State provides them the means to have food, clothing and shelter so as to make their life meaningful and worth-living with dignity. 9. In Olga Tellis v. Bombay Municipal Corporation AIR 1986 SC 180, when the squatters and the pavement dwel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... table house but a reasonable home particularly for people in India can even be mud-built thatched house or a mud-built fire-proof accommodation. 11. As stated earlier, the right to residence and settlement is a fundamental right under Article 19(1)(e) and it is a facet of inseparable meaningful right to life under Article 21. Food, shelter and clothing are minimal human rights. The State has undertaken as its economic policy of planned development of the country and has undertaken massive housing schemes. As its part, allotment of houses was adopted, as is enjoined by Articles 38, 39 and 46, Preamble and 19(1)(e), facilities and opportunities to the weaker sections of the society of the right to residence, make the life meaningful and livable in equal status with dignity of person. It is, therefore, imperative of the State to provide permanent housing accommodation to the poor in the housing schemes undertaken by it or its instrumentalities within their economic means so that they could make the payment of the price in easy installments and have permanent settlement and residence assured under Articles 19(1)(e) and 21 of the Constitution. Thus for there is no problem but the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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