VERY IMPORTANT POINTS
1. Article 19(1)(e) read with Article 21 of the Constitution of India provide right to residence and settlement to live with dignity of person - a fundamental and human right.
2. Articles 46, 39 and 38 of the Constitution of India enjoin the State to provide facilities and opportunities of construction of houses by the Dalits, Tribes and Poor to enable them to live with dignity in permanent abode.
3. The benefit of economic empowerment having been given to the Dalits by alloting land to a Cooperative Society for construction of houses for them, neither the President of the Society nor the builder has any right to induct any member other than the prescribed percentage as per the bye-laws.
4. Any contract or action which is opposed to constitutional animation and public policy is void.

Headnote:(i) HOUSING - Constitution of India-Article 19(1)(e) r/w Articles 21, 46, 39 and 38-Right to residence-Government allotted two acres of land to a Co-operative Society for construction of housing colony-As per bye-laws membership should consist of 80% dalits and 20% others-Neither the President of Society nor the builder had any right to induct any member other than the prescribed percentage as per bye-laws-Any action taken in violation thereof is void-Orders of High Court and Registrar directing to enrol non-dalit members as members of Society are unconstitutional-Non-dalit members should be accommodated only against 20% quota available to them. (Universal Declaration of Human Rights-Article 25(1) ; International Covenant on Economic, Social and Cultural Rights, 1966 -Article 11(1)).
       Held : The very object of providing two acres of prime land belonging to the Government is to ameliorate the economic conditions of the the dalits providing right of residence, which is one of the fundamental and human rights to those persons who cannot afford to purchase the site and construct the flats thereon. Article 19(1)(e) read with Article 21 of the Constitution provide right to residence and settlement to live with dignity of person - a fundamental and human right. Articles 46, 39 and 38 enjoin the State to provide facilities and opportunities of construction of houses by the Dalits, Tribes and poor to enable them to live with dignity in permanent abode. Article 25(1) of the Universal Declaration of Human Rights and Article 11(1) of the International Covenant on Economic, Social and Cultural Rights, 1966 provides that everyone has the food, clothing and right to housing as a part of human right and the State parties recognise the said right and would take appropriate steps to ensure realisation of the right to housing. (Para 4)
       Further held : It was, therefore, obligated on the State to provide adequate means of livelihood to all citizens distributing the material resources of the community for common welfare. The ultimate object of the Directive Principles is to liberate the Indian masses, free them from centuries old coercion, ignorance, object conditions and to prevent exploitation. The Union of India in implementation of the above Directive Principles in Article 39(b) and in discharge of its obligation under Articles 38 and 46 to provide facilities and opportunities to the Dalits, has alloted two acres of land in Bombay City for construction of houses to make their right to settlement and life meaningful, to enable them to live with dignity of person; and provided economic empowerment of settled residence to enjoy the right to meaningful life. The benefit to economic empowerment having been given to these members and they having secured the property, neither the President of the Society nor the builder has any right to induct any member other than the prescribed percentage as per the bye-laws. It is necessary to follow that the Society should consist of 90 Dalit members and 22 outsiders. Any contract or action which is opposed to constitutional animation and public policy is void. The action of the President of the Society and enrolment of non-dalits defeats the purpose of the Government of India behind giving the land for construction of houses by dalits. Therefore, the direction of the Registrar of Cooperative Societies would defeat the public policy. Any action taken in violation thereof is void. Accordingly, the orders of the High Court and the Registrar are unconstitutional and are set aside (Para 6)
       (ii) HOUSING-Constitution of India-Article 19(1)(e) r/w Article 21-Right to residence and settlement to live with dignity of person-A fundamental and human right. (Para 9)

ORDER

Leave granted.

We have heard learned counsel on both sides.

2. This appeal by special arises from the order dated November 8, 1993 made in Appeal No. 790/93 by the Bombay High Court. The admitted facts are that a society by name Navyuvak Harijan Utthapan Multi Unit Industrial Coop. Society Ltd. was formed on June 7, 1979. It was registered under the Cooperative Societies Act for industrial purpose. The Government have allotted to the said Society two acres of land at Bhandup (East), Survey No. 246 (pt.) of Kanjur village for construction of housing colony for accommodating the members of the Society at concessional rates keeping in view the welfare of the Harijan community. This order came to be passed by the Government of India on January 18, 1995. It would appear that originally the membership of the Society consisted of 28 members belonging to Schedule Castes (for short, Dalits ) and 5 O.B.C. members. It is not in dispute that as per the bye-laws the membership should consist of 80% dalits and 20% others. Originally, the membership was intended to be 112. Consequently, 90 members should be dalits and 22 members should be non-dalits. It is now an admitted position that the respondent-Society does not have 90 dalits members as per the bye-laws. It would appear that one Bal Krishna, who was then the President of the Society, had invited applications for enorlment. Consequently, 78 persons are said to have made applications for enrolment. It would appear that the Registrar of Cooperative Societies had directed the Society to enrol all of them as members of the Society. When the appellant, a member, had objected to the same, the objection was over-ruled, which was ultimately negatived by the High Court directing that all the 78 persons are directed to be enrolled as members of the Society. Thus this appeal by special leave.

3. Shri A.K. Srivastava, learned counsel appearing for 78 persons and for the builder contended that no corresponding amendment to be bye-laws of the Society was made to the effect that members of the Society should consist of 90 dalits and 22 others. In its absence, the High Court was right in directing to enrol non-dalit members as members of the Society. We are unable to appreciate the stand.

4. The very object of providing two acres of prime land belonging to the Government is to ameliorate the economic conditions of the the dalits providing right of residence, which is one of the fundamental and human rights to those persons who cannot afford to purchase the site and construct the flats thereon. Article 19(1)(e) read with Article 21 of the Constitution provide right to residence and settlement to live with dignity of person - a fundamental and human right. Articles 46, 39 and 38 enjoin the State to provide facilities and opportunities of construction of houses by the Dalits, Tribes and poor to enable them to live with dignity in permanent abode. Article 25(1) of the Universal Declaration of Human Rights and Article 11(1) of the International Covenant on Economic, Social and Cultural Rights, 1966 provides that everyone has the food, clothing and right to housing as a part of human right and the State parties recognise the said right and would take appropriate steps to ensure realisation of the right to housing.

5. In M/s. Shantistar Builders v. Narayan Khimalal Totame & Ors.1, a three-Judge Bench of this Court while permitting the disposal of the excess urban land under the Urban Land Ceiling Act held that the basic needs of man have traditionally been accepted to be food, clothing and shelter. Right to life is guaranteed in every civilised society which would take within its sweep right to food, clothing and decent environment and a reasonable accommodation to live in. For human beings, suitable accommodation would below him to grow physically, mentally and intellectually. The Constitution aims at ensuring fuller development of every child which would be possible only if an appropriate house is provided

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1996 Supreme(SC) 758

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