Shantistar Builders vs. Narayan K Totame, (1990) 1 SCC 520 (India)

Under the Urban Land (Ceiling and Regulation) Act, a ceiling is imposed on the acquisition of vacant land in an urban agglomeration, which excess the state government may acquire and may be used for the purpose of housing for "weaker sections." However, certain lands are exempt from the Act, if the government is satisfied that the acquisition of such land in excess of the ceiling is necessary. The government also has the power to withdraw the exemption if the order was breached. The land subject of the case was exempted on the condition that it will be used for housing of the weaker section of the society. Respondents contend that the builder has violated the conditions imposed in the order of exemption and that a racket has been formed by real estate speculators to prevent the economically weaker sections from acquiring such housing. The houses were instead sold to persons not entitled to the benefit in order to make unauthorized and illegal profit. Respondents contend that the right to food, right to clothing and the right to shelter is inclusive within the right to life. The right to shelter must include a decent environment to live in and reasonable accommodation. In its judgment, the court directed that a committee be constituted with the purpose of supervising such projects, to make sure that the purpose of the Act is achieved.