SHIV SAGAR TIW ARI versus UNION OF INDIA AND ORS.

SHIV SAGAR TIW ARI versus UNION OF INDIA AND ORS.

The Supreme Court held that government residential accommodation must be allotted fairly, in accordance with transparent guidelines and principles of natural justice, and that arbitrary exercise of discretion in allotments is impermissible. Compensation must be provided to those denied lawful allotments, and misuse of allocation powers, including out-of-turn allotments, must cease. The right to shelter falls within Article 21, and collective personal hearings and public notices sufficed for compliance with procedural fairness given the scale of the issue.

Parties
Petitioner: Shiv Sagar Tiwari; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
23 December 1996
Procedural Posture
Public Interest Petition / Final Judgment
Outcome
Petition disposed of; detailed guidelines and orders issued.
Legal Topics
Discretionary Power, Natural Justice, Right to Shelter, Allotment of Government Residences
Constitutional Law Administrative Law Service Law Discretionary Power Natural Justice Right to Shelter Allotment of Government Residences

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Parties

Shiv Sagar Tiwari

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Public Interest Petition / Final Judgment

Legal Issues

  1. 1 Whether large-scale out-of-turn allotments of government residential quarters violated principles of natural justice and administrative discretion
  2. 2 Whether right to shelter is protected under Article 21 of the Constitution
  3. 3 Proper exercise of discretionary power in allotment of government residences

Ratio Decidendi

The Supreme Court held that government residential accommodation must be allotted fairly, in accordance with transparent guidelines and principles of natural justice, and that arbitrary exercise of discretion in allotments is impermissible. Compensation must be provided to those denied lawful allotments, and misuse of allocation powers, including out-of-turn allotments, must cease. The right to shelter falls within Article 21, and collective personal hearings and public notices sufficed for compliance with procedural fairness given the scale of the issue.

Court Disposition

Petition disposed of; detailed guidelines and orders issued.

Orders

  • Eviction orders against persons not entitled under Gupta Committee reports (Categories IV, VI, IX, X, XI, and certain VII)
  • Eviction of certain IAS, IPS, IFS and other officers ineligible for General Pool quarters