Encroachment Over Public Land Can't Be Retained Citing Right To Shelter: Gujarat HC
Topic: Encroachment Over Public Land Cannot Be Retained Citing Right to Shelter – Gujarat High Court
Background
The Gujarat High Court recently dealt with a situation where individuals had illegally occupied public land (government or municipal property) and argued that their right to shelter (Article 21 of the Constitution) should protect them from eviction.
Key issues involved:
Encroachment on public land vs. Fundamental Right to Shelter
Balancing individual rights with public interest
The Court had to examine whether a constitutional right could justify illegal occupation.
Court’s Observations
Right to Shelter Is Not Absolute:
Article 21 guarantees right to life, which has been interpreted to include right to shelter (as per Olga Tellis v. Bombay Municipal Corporation).
However, this right cannot be invoked to justify illegal acts like occupying public land.
Public Land Is Held in Trust for Public Use:
Public land is meant for common good, such as roads, parks, schools, hospitals, or government projects.
Illegal occupation deprives citizens of their right to access public resources.
Eviction Does Not Violate Right to Life:
Eviction of encroachers is permissible if done following due process and providing alternative arrangements where feasible.
The Court emphasized that lawful ownership and public interest outweigh personal hardship due to illegal occupation.
Responsibility of the State:
While eviction is necessary, the State is expected to provide rehabilitation or alternate housing options for those genuinely in need.
Mere illegal occupation cannot claim protection under fundamental rights.
Case Laws Supporting This View
Olga Tellis v. Bombay Municipal Corporation (1985, SC)
Right to livelihood and shelter are part of right to life under Article 21.
But the Court also noted that this does not entitle individuals to break the law or occupy public property illegally.
Chameli Singh v. State of U.P. (1996, SC)
Right to shelter cannot be a license to violate law.
Legal and social obligations must coexist with fundamental rights.
State of Gujarat v. Shambhu Nath Sinha (Gujarat HC)
Court held that encroachments on public land cannot be protected merely because occupiers are homeless.
Eviction orders were valid while noting the State should take humanitarian measures if necessary.
MC Mehta v. Union of India (1987, SC) – Environmental/Public Interest Case
Illegal occupation of public resources (like river banks, parks, or roads) cannot be justified under personal hardship.
Public interest and lawful enforcement take precedence.
Key Principles
Illegal occupation cannot claim fundamental right protection.
Right to shelter is conditional – must be exercised within legal boundaries.
Public interest prevails over individual convenience in cases of encroachment.
State must provide humane eviction measures, but lawful possession of public property cannot be compromised.
Summary Table
| Issue | Court’s Finding | Principle / Case Law |
|---|---|---|
| Encroachment on public land | Cannot be protected under Article 21 | State of Gujarat v. Shambhu Nath Sinha (HC) |
| Right to shelter | Right to shelter exists but is not absolute | Olga Tellis v. Bombay Municipal Corporation (SC) |
| Public interest vs personal hardship | Public interest prevails | MC Mehta v. Union of India (SC) |
| Eviction process | Must follow due process; provide alternatives if feasible | Chameli Singh v. State of U.P. (SC) |
✅ In essence: The Gujarat High Court clarified that illegal encroachments over public land cannot be retained merely by invoking the right to shelter. The rule of law and public interest must prevail, though the State should exercise compassion where possible in rehabilitation.
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