A Davangere slum where I have lived for 20 years is being demolished without notice. What rights do I have?
NI Asked by Nisha Bhatt from India
Quick Answer
The right to shelter is part of the right to life under Article 21, as held in Olga Tellis (1985) and Chameli Singh (1995).
Detailed Legal Analysis
The right to shelter is part of the right to life under Article 21, as held in Olga Tellis (1985) and Chameli Singh (1995). Forced eviction without notice and rehabilitation violates Article 21 and principles of natural justice.
File an application before the Davangere municipal authority for notice and rehabilitation under any state slum policy. Approach Karnataka High Court under Article 226 for a writ staying the demolition and directing rehabilitation.
The Supreme Court in Sudama Singh (2011) mandated a coherent rehabilitation policy before eviction. Preserve residence proof, voter ID, and utility bills as evidence of long residence.
Refer to Karnataka Rent Control Act 1999 for state slum rehabilitation or housing policy in Karnataka.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.