IN THE HIGH COURT OF MADRAS
N. KIRUBAKARAN, ABDUL QUDDHOSE, JJ.
Tamil Nadu Housing Board - Appellant
Versus
S. Doraisamy and Ors. - Respondents
W.A. No. 1606 of 2017 and C.M.P. No. 21007 of 2017
Decided On : 04-02-2020
Land Acquisition Act - Section 4 (1) - Right to adequate housing - Protection from forced eviction and displacement fighting homelessness poverty and exclusion – Quashed of order - Homelessness is a major problem in India - UNESCO defines homelessness as follows - When court are talking about housing court are not just talking about four walls and a roof - Right to adequate housing is about security of tenure affordability access to services and cultural adequacy - It is about protection from forced eviction and displacement fighting homelessness poverty and exclusion - India defines Homelessness as those who do not live in Census houses but rather stay on pavements roadsides railway platforms staircases temples streets in pipes or other open spaces - There are million homeless people in India - According to census consisting of single men women mothers elderly and disabled - It is stated that there are millions street children in India largest number of any country in world with million being urban – Held, Though single housing unit is enough for a family considering future of children a family can be allowed to have an additional housing unit on payment of additional charges and third unit should be completely prohibited - By this restrictions not only price of housing units will come down but persons who do not have sufficient means to purchase housing units will be in a position to purchase property - It will go in a long way preventing real estate people from converting agricultural land into commercial properties or housing properties and thereby agricultural lands can also be saved - Further if it is found in survey that a family possesses more than two housing properties source of income for purchasing those properties should also be enquired into and investigated by authorities - That apart above restrictions would definitely reduce mindless exploitation of natural resources like sand water trees etc which are all nowadays exploited illegally - Only if these natural resources are saved they would be available for our posterity - In above circumstances this Court would like to go into larger issue of providing housing unit to all families in India as this case relates to acquisition of lands for purpose of providing housing units to general public - Hence this Court impalas following parties as respondents in this writ appeal - Appeal is dismissed
JUDGMENT :
N. Kirubakaran, J.
"LET US NOT HAVE INSATIABILITY TO GRAB OTHER'S HOUSING AMENITY"
1. "HOUSING FOR ALL" is the mission.
"ADEQUATE HOUSING" is one of the most basic human needs and necessities. Housing should be available to everyone in the world.
"ADEQUATE HOUSING" is defined within the Global Strategy as "Adequate privacy, Adequate space, Adequate security, Adequate lighting and ventilation, Adequate basic infrastructure and Adequate location with regard to work and basic facilities-all at a reasonable cost."
2. "Homelessness" is a major problem in India. UNESCO defines homelessness as follows:
India defines "Homelessness" as those who do not live in Census houses, but rather stay on pavements, roadsides, railway platforms, staircases, temples, streets, in pipes, or other open spaces. There are 1.77 million homeless people in India. according to the 2011 census, consisting of single men, women, mothers, the elderly, and the disabled. It is stated that there are 18 million street children in India, the largest number of any country in the world, with 11 million being urban.
3. As per 2011 census, there is a shortage of 18.78 million houses in the country. Total number of houses has increased from 52.06 million to 78.48 million. About 78 million people in India live in slums and tenements, according to "Homeless Statistics at Homeless World Cup". 17% of the world's slum dwellers reside in India. Homeless are exposed to extreme weather in Summer and Winter. Pavement dwellers in New Delhi are the best examples. Therefore, the Government should increase the shelters for Homeless people.
4. According to a longitudinal analysis of India's housing pattern undertaken by the Economic Survey 2017-18, 28% of India's city dwellers live in a rented house, which is much less than 54% in the year 1961. It is also found that living in rented premises has declined and there has been a dramatic rise in the number of houses lying vacant in cities across the country.
5. Right to housing is protected by the following universal treaties:-
(b) Article 11 of the International Covenant on Economic, Social and Cultural Rights.
(c) Article 27 of the United Nations Convention on the Rights of the Child.
(d) Article 5 of the International Convention on the Elimination of All forms of Racial Discrimination.
(e) Article 14 of the Convention on the Elimination of All forms of Discrimination against Women.
(f) Article XI(II) of the American Declaration on Rights and Duties of Man.
6. The Central Government in the year 2015 launched a scheme to tackle homelessness. The Government promised that every Indian will have a home to live in by 2022 with 10 Million homes ready by 2019 in rural areas and 10 Million homes ready by 2022 in Urban areas. In July 2018, the Government announced that 5.4 Million out of scheme target of 10 Million have been approved for building in urban areas. The official data from Housing and Rural Development Ministry shows that by March 2019, 8 Million homes had been approved.
7. It is reported in the media that data analysis of tax returns shows that 1.14 Crore people owned one house across India and only 6537 Indians have owned more than one self occupied house in India during the assessment year 2017-18. It only shows that people are not straight forward and they are not disclosing the number of houses they possess and they suppress the facts to avoid tax liability.
8. As per the report made by RICS and KNIGHT FRANK, India is likely to need an additional 25 Million affordable housing units by 2030 to cater to the growing Urban population. By the year 2030, more than 40% of Ind
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