Back
2025 Supreme(Online)(Kar) 9187
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29 TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25909 OF 2024 (GM-RES)
BETWEEN:
1. SMT. AYYAMMA W/O LAXMAN AGED ABOUT 46 YEARS.
2. SMT. NAGAMMA W/O MANAPPA AGED ABOUT 42 YEARS.
3. SRI SANGAPPA H/O RENUKA AGED ABOUT 33 YEARS.
4. SRI KASHAPPA W/O SOBANNA Digitally signed AGED ABOUT 56 YEARS by NAGAVENI Location: High Court of 5. SMT NAGAMMA Karnataka W/O NAGAPPA AGED ABOUT 42 YEARS.
6. SMT.SHIVALINGAMMA W/O AYYAPPA AGED ABOUT 27 YEARS.
7. SMT.HULIGAMMA W/O MALLAPPA AGED ABOUT 53 YEARS.
8. SMT.MAREMMA W/O PARASHURAMA AGED ABOUT 31 YEARS.
9. SMT. NAGAMMA W/O BHIMAPPA AGED ABOUT 26 YEARS 10. SMT.RENUKAMMA W/O ANANDA AGED ABOUT 28 YEARS
11. SMT.AYYAMMA W/O HANUMANTH AGED ABOUT 42 YEARS.
12. SMT.N.NAGAMMA W/O NAGAPPA AGED ABOUT 52 YEARS.
13. SMT.MAREPPA W/O MALLAPA AGED ABOUT 36 YEARS.
14. SMT.SHVALILA W/O SOMALINGAPPA AGED ABOUT 36 YEARS.
15. SMT HALLAMMA W/O SHARANAPAP AGED ABOUT 40 YEARS. 16. SMT.SHARANAMMA W/O SIDDAPPA AGED ABOUT 48 YEARS.
17. SMT. REHANA BEGUM W/O MOHAMMED AGED ABOUT 40 YEARS.
18. SMT BHIMA BAI W/O CHANDAPPA AGED ABOUT 28 YEARS. 19. SMT. YAMUNAMMA W/O MALLIKARJUN AGED ABOUT 33 YEARS
20. SMT.YALLAMMA W/O SHANTAPPA AGED ABOUT 37 YEARS
21. SMT.GANGAMMA W/O MALLAPPA SAMBUR AGED ABOUT 46 YEARS
22. SMT.BHIMABAI W/O GUNDAPPA AGED ABOUT 51 YEARS
23. SMT.SANGEETHA W/O BASAVARAJ AGED ABOUT 38 YEARS
24. SMT. NINGAMMA W/O NINGANNA AGED ABOUT 38 YEARS
25. SMT. BHAGAMMA W/O HUSSAIN AGED ABOUT 34 YEARS
26. SMT.PARVATHI W/O BASAVARAJU AGED ABOUT 31 YEARS ALL THE PETITIONERS ARE RESIDING IN TIN SHED IN ANNASANDRA PALYA, VIGNANAGAR, WARD NO.81 BENGALURU – 560 037.
…PETITIONERS (BY SRI CLIFTON ROZARIO, ADVOCATE FOR MS.MAITREYI KRISHNAN,ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR.B.R.AMBEDKAR VEEDHI BENGALURU – 560 001.
2. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF HOUSING VIKASA SOUDHA DR.B.R.AMBEDKAR VEEDHI BENGALURU – 560 001.
3. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU – 560 009.
4. RAJIV GANDHI HOUSE BUILDING CORPORATION CAUVERY BHAVAN, 9 TH FLOOR, C & F BLOCK, K. G. ROAD, BENGALURU - 560 009 …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R-1 TO R-3;
SMT.SHILPA RANI, ADVOCATE FOR R-4 SRI SANJEEV RAO S., ADVOCATE FOR IMPLEADING APPLICANT IN I.A.NO.2/25;
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION TO THE RESPONDENTS TO PROVIDE DIGNIFIED HOUSING FOR THE PETITIONERS IN 19 GUNTAS OF GOVERNMENT LAND IN SURVEY NO. 181, MAHADEVAPURA HOBLI, BENGALURU EAST TALUK, WITHIN A PERIOD OF 12 MONTHS AND PROVIDED ALL NECESSARY BASIC AMENITIES.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
The right to adequate housing is integral to the right to live with dignity, obligating the State to ensure housing for the weaker sections.
Headnote:(A) Constitution of India - Article 21 - Right to housing - Petitioners, working as safai karamcharis, sought dignified housing due to sub-human living conditions in tin sheds - The court recognized the right to adequate housing as integral to the right to live with dignity. The need for legislative intervention and welfare measures was emphasized, alongside the acknowledgment of the State's obligation to ensure housing for the weaker sections. (Paras 6, 11, 12, 13)
(B) International Covenant on Economic, Social and Cultural Rights - The court referred to international law on the right to adequate housing, highlighting the obligation of the State to progressively realize this right. (Paras 56-62)
(C) Administrative inaction - The court noted the failure of the State to provide adequate housing despite several recommendations and the petitioners' appeals for rehabilitation. (Paras 4, 5)
Findings of Court:
The Rajiv Gandhi Housing Corporation was directed to take immediate steps to provide dignified housing to the petitioners in the identified Government land.
Result: Writ petition disposed with directions to construct housing for the petitioners.
ORAL ORDER
The petitioners, who are all working as powrakarmikas in the Bruhat Bangalore Mahanagara Palike ('the BBMP for short), for several years now are at the doors of this Court seeking a direction to the respondents to provide dignified housing for the petitioners in 19 guntas of Government land in Sy.No.181 of Mahadevapura Hobli, Bengaluru East Taluk.
2. Heard Shri Clifton Rozario, learned counsel for Ms. Maitreyi Krishnan, learned counsel appearing for the petitioners; Shri Mohammed Jaffar Shah, learned Additional Government Advocate for respondents No.1 to 3; Shri Sanjeev Rao S., learned counsel for impleading applicant in I.A.No.2/2025 and Smt. Shilpa Rani, learned counsel appearing for Rajiv Gandhi House Building Corporation.
3. Facts in brief germane are as follows:
The petitioners are working as a powrakarmikas in the BBMP and are all residing in minute tin sheds in various parts of Annasandara playa, Vignanagar, Ward No.81. They are said to be living in the said sheds for over decades now. They are at the doors of this Court seeking the aforesaid direction in the light of the rehabilitation being done to safaikaramcharis including powrakarmikas.
4. The genesis of the issues traces back to the Committee on the improvement and working conditions of sweepers and scavengers – 1976. The committee has exposed the sub-human living conditions endured by the safaikarmacharies. Over the years, multiple committees have recommended legislative intervention and welfare measures. Yet, the plight of these petitioners and the like remain unaddressed.
5. In their relentless pursuit of dignity qua housing the petitioners through their organization submitted memoranda to the State authorities imploring rehabilitation and grant of modest housing facilities. The petitioners identify survey No.181 measuring 19 guntas in the place as averred in the petition as suitable site for such rehabilitation. A second memorandum is also placed highlighting the urgent need. However, administrative inaction has compelled them to invoke the jurisdiction of this Court under Article 226 of the Constitution of India for appropriate directions.
6. Shri Clifton Rozario, learned counsel appearing for the petitioners takes this Court through the documents appended to the petition which are vivid and photographic evidence portraying the deplorable living conditions of the petitioners. He would emphasise that right to live with dignity is enshrined both in International Human Rights Law and the Indian Constitution, referring to
7. During the subsistence of the petition, the State Government files an affidavit. The certain paragraphs are germane to be noticed. They read as follows:
"7. I respectfully submit that the prayer sought in the Writ Petition with regard to the said Sy. No. 181/1 is not viable for the facts stated above and to avoid multiplicity of proceedings and the difficulty being so and primarily interest of the Petitioner's also needs to be protected and as per the direction of this Hon'ble Court, I am herewith submitting the details of total land i.e., reserved for the upliftment of the weaker sections from different strata of society being unable to afford proper housing facilities. The Government of Karnataka has reserved several Government lands and same are being developed under Aegis of Rajiv Gandhi House Building Corporation, which is an Authority constituted under the Government of Karnataka to provide Housing for the homeless and weaker sections of the society.
8. 1 respectfully submit that there are several lands reserved for such purpose in Bengaluru urban District the copy of the proceedings and order dated-14/12/2017 is produced as Annexure-R1 and in the said Document itself certain Government lands more specifically in Bengaluru East Taluk, itself there are several lands reserved for that Such purpose, the details of the land reserved in Bengaluru east Taluk alone are stated herein below:
-
| Deta | |||||
