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Wednesday, September 20, 2006
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Nature of the Case

Constitutional challenge related to the right to life, including the right to a reasonable accommodation to live in (Article 21 Indian Constitution); mandatory order; supervisory jurisdiction; socio-economic rights included within the right to life.

Enforcement of the Decision and Outcomes

Five years later, the Supreme Court dealt with a request from Government that it alter its order (Shantistar Builders v Narayan Khimalal Gotame & Ors. 1996 AIR 786). During the course of its judgment, the court directed the Government “to comply with the constitution of the committee within 30 days from the date of the receipt of this order, since the same has already been delayed for more than five years from the date of the judgment constituting the committee”.

Significance of the Case

The case was later quoted approvingly by the Supreme Court in Ahmedabad Municipal Corporation v Nawab Khan Gulba Khan & Ors (1997) 11 SCC 121, where the court stated, “it is the duty of the State to construct houses at reasonable rates and make them easily accessible to the poor. The State has the constitutional duty to provide shelter to make the right to life meaningful”.  The definition of shelter was further elaborated on in Chameli Singh v State of U. P. & Anr (1997) 11 SCC 121