Punjab & Haryana High Court Sets Aside Rejection of Flat Allotment to Jhuggi Dwellers; Holds Denial Without Hearing Violates Article 21

Case Name: Rajesh Kumar Giri and Others v. Union of India and Others
Date of Judgment: 08 December 2025
Citation: CWP-36444-2025
Bench: Hon’ble Mr. Justice Anupinder Singh Grewal and Hon’ble Ms. Justice Mandeep Pannu

Held: The Punjab and Haryana High Court allowed a writ petition filed by jhuggi dwellers and set aside the rejection of their claim for allotment of flats under the Chandigarh Small Flats Scheme, 2006. The Court held that rejection of their claim without issuance of notice or granting an opportunity of hearing was violative of principles of natural justice and infringed the right to housing under Article 21 of the Constitution. The authorities were directed to reconsider the petitioners’ claim in accordance with law.

Summary: The petitioners, who were jhuggi dwellers, challenged the rejection of their claim for allotment of flats under the Chandigarh Small Flats Scheme, 2006, despite their cases having been recommended by the Estate Officer and the Chandigarh Housing Board. Their grievance was that the claim was rejected unilaterally without issuance of notice or affording them an opportunity of hearing.

The High Court noted that the petitioners’ cases were admittedly under active consideration for rehabilitation under the Scheme and that the rejection order had been passed in breach of audi alteram partem. Emphasising that the right to housing forms an integral part of the right to life under Article 21, the Court held that jhuggi dwellers are entitled to fair consideration for rehabilitation under the applicable scheme.

The Court found the impugned rejection order to be legally unsustainable and arbitrary, as it deprived the petitioners of a valuable civil right without due process. It was held that administrative convenience cannot override constitutional guarantees or settled principles of natural justice.

Decision: The writ petition was allowed. The impugned order rejecting the petitioners’ claim was set aside. The respondents were directed to reconsider the petitioners’ claim for allotment of flats under the Chandigarh Small Flats Scheme, 2006 or any other appropriate rehabilitation scheme, and to pass a reasoned order within the stipulated period. Status quo was directed to be maintained till such decision is taken.