Full Judgment Text
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PETITIONER:
J.P. RAVIDAS & ORS
Vs.
RESPONDENT:
NAVYUVAK HARIJAN UTHAPAN MULTI UNIT INDUSTRIAL COOP. SOCIETY
DATE OF JUDGMENT: 12/04/1996
BENCH:
K. RAMASWAMY, S.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted
We have heard learned counsel on both sides.
This appeal by special leave arises from the order
dated November 8, 1993 made in Appeal No. 790/93 by the
Bombay High Court. The admitted facts are that a society by
name Navyuvak Harijan Utthapan Multi Unit Industrial Coop.
Society Ltd. was formed on June 7, 1979. It was registered
under the Cooperative Societies Act for industrial purpose.
The Government have allotted to the said Society two acres
of land at Bhandup (East), Survey No.246 (pt.) of Kanjur
village for construction of housing colony for accommodating
the members of the Society at concessional rates keeping in
view the welfare of the Harijan community. This order came
to be passed by the Government of India on January 18, 1995.
It would appear that originally the membership of the
Society consisted of 28 members belonging to Scheduled
Castes [for short, ’Dalits’] and 5 O.B.C. members. It is
not in dispute that as per the bye-laws the membership
should consist of 80% dalits and 20% others. Originally,
the membership was intended to be 112. Consequently, 90
members should be dalits and 22 members should be non-
dalits. It is now an admitted position that the respondent-
Society does not have 90 dalits members as per the bye-laws.
It would appear that one Bal Krishna, who was then the
President of the Society, had invited applications for
enrolment. Consequently, 78 persons are said to have made
applications for enrolment. It would appear that the
Registrar of Cooperative Societies had directed the Society
to enrol all of them as members of the Society. When the
appellant, a member, had objected to the same, the objection
was over-ruled, which was ultimately negatived by the High
Court directing that all the 78 persons are directed to be
enrolled as members of the Society. Thus this appeal by
special leave.
Shri A.K. Srivastava, learned counsel appearing for 78
persons and for the builder contended that no corresponding
amendment to be bye-laws of the Society was made to the
effect that members of the Society should consist of 90
dalits and 22 others. In its absence, the High Court was
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right in directing to enrol non-dalit members as members of
the Society. We are unable to appreciate the stand.
The very object of providing two acres of prime land
belonging to the Government is to ameliorate the economic
conditions of the dalits providing right of residence, which
is one of the fundamental and human rights to those persons
who cannot afford to purchase the site and construct the
flats thereon. article 19(1)(e) read with Article 21 of the
Constitution provide right to residence and settlement to
live with dignity of person - a fundamental and human right.
Articles 46, 39 and enjoin the State to provide facilities
and opportunities of construction of houses by the Dalits,
Tribes and poor to enable them to live with dignity in
permanent abode. Article 25 [1] of the Universal
Declaration f Human Rights and Article 11 [1] of the
International Covenant on Economic, Social and Cultural
Rights, 1966 provides that everyone has the food, clothing
and right to housing as a part of human right and the State
parties recognise the said right and would take appropriate
steps to ensure realisation of the right to housing.
In M/s. Shantistar Builders vs. Narayan Khimalal Totame
& Ors. [(1990) 1 SCC 520] a three-Judge Bench of this Court
while permitting the disposal of the excess urban land under
the Urban Land Ceiling Act held that the basic needs of man
have traditionally been accepted to be food, clothing and
shelter. Right to life is guaranteed in every civilised
society which would take within its sweep right to food,
clothing and decent environment and a reasonable
accommodation to live in. For human being, suitable
accommodation would allow him to grow physically, mentally
and intellectually. The Constitution aims at ensuring
fuller development of every child which would be possible
only if an appropriate house is provided.
In Olga Tellis & Ors. v. Bombay Municipal Corporation &
Ors. [(1985) 3 SCC 545] a Constitution Bench of this Court
held that right to life includes right to residence. Right
to residence is a part of life enshrined in Article 21. In
P.C.Gupta v. State of Gujarat & Ors. [(1995) Supp. 2 SCC
182] another Bench of three Judges of this Court held that
right to residence and settlement is a fundamental right
under Article 19 [1] (e) and protection of life guaranteed
by Article 21 encompasses within its ambit right to shelter
to enjoy the meaningful right to life. Right to equality of
status and right to social and economic justice and dignity
of person assures dignity of life guaranteed by article 21.
In Chameli Singh & Ors. etc. v. State of U.P. & Ant. [1996
(1) SCALE 101] another three-Judge Bench of this Court held
that the right to economic empowerment enjoins the state
under Article 46 to promote social, economic and educational
interests of the Dalits, the Tribes, the backward classes
and the poor. Right to social and economic justice
conjointly co-mingles with right to shelter as an
inseparable component for meaningful right to life.
Providing house sites and houses in implementation of the
directives contained in Articles 28 and 39 [b] of the
Constitution was upheld. In Murlidhar Dayandeo Kesekar v.
Vishwanath Pandu Barde & Ant. [(1995) Supp. 2 SCC 549],
this Court has held that right to economic empowerment to
the Scheduled Tribes as enshrined under Article 46 of the
Constitution is a fundamental human right under Article 1,
3, 17, 22 and 25 of the Universal Declaration of Human Right
to Development to provide facilities and opportunities
consistent with article 38 of the Constitution. Under
Article 39 [b] of the Constitution, the state is enjoined to
distribute the material resources of the community to
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subserve the common good. All human rights are derived from
dignity and worth of man. Democracy blossoms the person’s
full freedom to achieve excellence. the socio-economic
content in directive principles is all pervasive to make the
right to life meaningful to all Indian citizens. Welfare is
actually a form of liberty inasmuch as it liberates man from
social conditions which narrow their choices and brighten
their self development in a world of vastly unequal
opportunities, where some are born into relative affluence
and others into a subsistence economy. Liberation does not
mean providing mere liberty but facilities to prevent their
exploitation through all legitimate means so as to relieve
the disadvantaged from perpetual inequities. Democracy is
workable as long as there is a substantial area of shared
values and aspirations among the people and where they have
the maturity to rise above differences.
It was, therefore, obligated on the State to provide
adequate means of livelihood to all citizens distributing
the material resources of the community for common welfare.
The ultimate object of the Directive Principles is to
liberate the Indian masses, free them from centuries old
coercion,. ignorance, abject conditions and to prevent
exploitation. The Union of India in implementation of the
above Directive Principles in Article 39 [b] and in
discharge of its obligation under Articles 38 and 46 to
provide facilities and opportunities to the Dalits has
allotted two acres of land in Bombay City for construction
of houses to make their right to settlement and life
meaningful, to enable them to live with dignity of person;
and provided economic empowerment of settled residence to
enjoy the right to meaningful life. The benefit of economic
empowerment having been given to these members and they
having secured the property, neither the President of the
Society nor the builder has any right to induct any member
other than the prescribed percentage as per the bye-laws.
It is necessary to follow that the Society should consist of
90 Dalit members and 22 outsiders. Any contract or action
which is opposed to constitutional animation and public
policy is void. The action of the President of the Society
and enrolment of non-dalits defeats the purpose of the
Government of India behind giving the land for construction
of houses by dalits. Therefore, the direction of the
Registrar of Cooperative Societies would defeat the public
policy. Any action taken in violation thereof is void.
Accordingly, the orders of the High Court and the Registrar
are unconstitutional and are set aside.
The Registrar is directed to conduct an enquiry and
identify as to how many among 78 members are dalits and
direct their enrolment as members of the Society. All
others in excess of 22 of non-dalits consisting of 5 OBCs,
initially enrolled as members and 17 among the rest of the
non-dalits be enrolled as members of the society. The
Society should invite applications from the dalits to make
up the shortfall of 90 dalit members of the Society and to
pay the cost of the flats constructed on the land alloted by
the Government. If non-members have contributed any money
for the construction, it is obvious that the amount should
be returned to them with interest, Non-dalit members should
be accommodated only against the 20% quota available to them
on the basis of any mode like draw of lots or seniority in
the matter of enrolment or on the basis of promptness in
paying the construction cost etc. as may be devised by the
Registrar.
The Management of the Society is directed to place the
entire material before the Registrar. The Registrar after
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giving notice to all the persons and hearing them, will
decide as to who are dalits among 78 persons and who are
non-dalits and decide the matter accordingly within three
months and submit the report to the Registry of this Court.
The appeal is accordingly allowed, but in the
circumstances without costs.