The Allahabad high court has ruled that the right to shelter is a fundamental right assured by the Constitution of India and that it is the constitutional duty of the state to provide house to the poor.
Justice SP Kesarwani, while dismissing a public interest litigation (PIL) petition filed by one Rajesh Yadav of Ballia, imposed a cost of Rs 10,000 on him for seeking removal of poor landless farmers from a small piece of land which was allotted to them by the competent authority in 1995. Farmers have raised small shelters over the land and have been living there since then.
The court further said the petitioner had filed a frivolous petition and therefore a cost must be imposed on him.
The court directed the state government that if it wanted to remove such landless farmers from the allotted land, it must first provide them alternative accommodation before taking any such steps.
“It is expected from the government that it will take every step necessary to ensure every citizen has a shelter/house which is necessary for physical, mental and spiritual growth of every citizen,” justice Kesarwani said.