SC Steps In To Protect Home Buyers, Rein In Speculators

Right to shelter is integral to the fundamental right to life under Article 21: Supreme Court

- Utkarsh Anand

Home is not merely a roof over one's head, but a reflection of one's hopes and dreams, the Supreme Court said on Friday, as it rolled out a slew of directions aimed at protecting homebuyers and cleansing the real estate sector of speculative practices that have left many projects stalled and families stranded.

Issuing the ruling in a batch of appeals arising out of a National Company Law Appellate Tribunal (NCLAT) decision on a housing project in Greater Noida, a bench of justices J.B. Pardiwala and R. Mahadevan stressed that the right to shelter is integral to the fundamental right to life under Article 21 of the Constitution, obligating the State to secure adequate housing for its citizens.

"The plight of tax-paying middle-class citizens paints a disheartening picture... Having invested their life savings in pursuit of a home, many are compelled to shoulder a double burden, servicing EMIs on one hand, and paying rent on the other, only to find their 'dream home' reduced to an unfinished building. The anxiety of not having a home despite paying a fortune is bound to take a serious toll on health, productivity, and dignity," it lamented.