Shri P. G. Gupta vs State Of Gujrat & Ors on 14 December, 1994
when the Government of India had given sanction for converting 396 lower income group houses
from rental scheme to hire purchase scheme, category (iii) employees were in occupation of the
respec- tive allotted houses. It 's seen that they had vacated the respective premises as they were
allotted government houses having better accommodation at Gandhinagar with concessional rates.
As on the date of the resolution passed by the government, admittedly, they were not in possession
of the houses at Pahari or some of them were in illegal occupation. In these circumstances, the
conclusion reached by the High Court that the category (iii) employees are not entitled to the
allotment, is just and reasonable. It is not vitiated by any error of law.
6. With regard to the exercise of power by the State under s.82 of the Act vis-a-vis the regulations
made under s.74 of the Act, we need not go into that question. The reasons are eloquent. Though the
lower income group Houses were con- structed for the allotment to the weaker sections, from the
funds allotted by the Government of India, after the bifurcation of the Bombay State, Gujarat State
was formed, the capital of the State of Gujarat was shifted from Bombay to Ahmedabad in the year
1970. Thereafter at the request of the State Government, the Government of India had given
permission for allotment of those houses to the government employees. The statutory exercise of
power under s.82 and operation of the regulations under s.74, under these circum- stances, have no
bearing in relation to the allotment of these houses to the government employees in question. Thus,
it is unnecessary for us to go into the question of legality of the exercise of the power by the
government under s.82 vis-a-vis the statutory regulations made under s.74 by the Board with
previous consent of the State Government.
7. It is true that Gujarat Housing Board had constructed houses under low income group scheme for
allotment to the poorer segments of the society within prescribed annual income. Article 19(1)(e)
protects the right to residence and settlement in any part of the territory of India. The protection of
life assured under Article 21 has been given expanded meaning of right to life. It is settled law that
all the related provisions under the Constitution must be read together and given meaning of widest
amplitude to cover variety of rights which go to constitute the meaningful right to life. The preamble
to the Constitution says that the people of India resolved to secure to all our citizens social and
economic justice also have made it subject to equality of status and of opportunity to promote the
dignity of the individual in the united and integrated Bharat. Article 37 declares the rights in Part IV
or fundamental law in the governance of the country. Article 39(b) enjoins that the ownership and
control of the material resources of the community are to promote the welfare of the people by
securing social and economic justice to the weaker sections so as to subserve the common good to
minimise the inequalities in income and endeavour to eliminate inequalities in status. The State,
thereby, evolved the scheme to provide facilities and opportunities to the individuals and also
groups of people to have no houses of their own. Article 46, in particular, enjoins that the State shall
promote with special care the economic interest of the weaker sections of the people and to protect
them from social injustice.,
8. Article 11(1) of the International Covenant on Economic, Social and Cultural Rights laid down that
the States' parties to the Convenant recongnise the "right to everyone to an adequate standard of
living for himself and for his family including food, clothing and housing and to the continuous
improvement of living conditions". The State parties will take appropriate steps to ensure the
Indian Kanoon - http://indiankanoon.org/doc/1913799/
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