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Chandrakant Kamble & Ors vs The State of Goa & ors: SC orders stay on eviction of 21 daily wage workers’ families

Date : 10/11/2017

Petition(s) for Special Leave to Appeal (C) No(s). 30702/2017 (Arising out of impugned final judgment and order dated 04-10-2017 in MCA No. 693/2017 passed by the High Court Of Judicature At Bombay At Goa)

HRLN filed a Special Leave Petition as a mercy petition seeking the rehabilitation of the 21 families and, pending rehabilitation, seeking stay of eviction. The petitioners have been residents of Survey No.81/1 which land belongs to Communidade of Sangolda for the last 30 years along with their families. They are daily wage workers working at construction and other sites. The petition said that eviction would render their children and wives homeless and without any shelter.

They also requested to be rehabilitated if their shelters are demolished, saying that they had, earlier this year, met the Goa chief minister who had verbally assured them of some alternative place if they got extension from the high court.

The petition pointed out that “the State has the constitutional duty to provide adequate facilities and opportunities by distributing its wealth and resources for settlement of life and erection of shelter over their heads to make the right to life meaningful, effective and fruitful.” (Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan), and that “the right to residence and settlement is a fundamental right under Article 19(1)(e) and it is a facet of inseparable meaningful right to life under Article 21.” (PG Gupta v. State of Gujarat & Ors)

In response, the Supreme Court ordered an interim stay of the demolition of the houses of the petitioners for a period of four weeks. The matter is now listed for early December.

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