….the court also asked the state government if some monetary benefit is also needed to be given to……

New Delhi :TOP //The Supreme Court on Thursday said that having a shelter is a basic right of an individual and that unauthorised colonies are bound to come up if there is a gap in government policies in providing affordable housing.

The court’s remark during the hearing of pleas challenging the Allahabad High Court’s order dismissing petitions against orders for demolishing of 24 alleged illegal establishments in Lucknow’s Akbar Nagar.

“There is a failing on the part of the government as well. A roof over your head, a shelter is a basic right. Land in all occasions is virtually with government, since land is substantially with government price is also high. We have to accept that fact,” Justice Khanna said.

The court noted that it is not the case of the petitioners that they are in occupation of land owned by them, and their constructions would therefore be unauthorised or illegal.

The court permitted the petitioner to remove all his belongings on or before midnight of March 4. 

The court said the petitioner would be entitled to move an application in terms of scheme of Lucknow Development Authority for alternative accommodation.