Judgment SANJAY KISHAN KAUL, CHIEF JUSTICE: 1. The present writ petition, styled as a public interest litigation, has been filed by an unregistered organization claiming to be involved in assisting the marginalized sections of society. The grievance is made on behalf of the residents of Dhanas whose katcha houses were alleged to have been built on private lands owned by villagers which were demolished with the assistance of the police force on a winter cold day of 27.12.2012 by the enforcement staff of the Union Territory of Chandigarh. This action is stated to have been followed up by another such clearing exercise of alleged vacant public land on 16.1.2013 preceeded by demolition of 100 homes in Indira Colony, Manimajra, U.T., Chandigarh. In this behalf, newspaper reports and photographs have been annexed to the petition. The Government is stated to have been threatening to demolish all unauthorized colonies and, thus, the petition was filed claiming that if proper survey had been conducted and notices served human suffering would have been avoided. The action is stated to have been taken without making any arrangement for rehabilitation or temporary accommodation. 2. The directions which are sought for from this Court are to the following effect: (i) No demolition of such houses should be carried out on private lands unless requested by owners and that too after following proper legal procedure; (ii) No demolition of such homes should be carried out unless land is immediately required for larger public purpose; (iii) Sufficient notice should be given to vacate the land of their own volition to the occupants; (iv) No such action should be carried out in the extreme weather conditions; (v) Alternative shelters/arrangements be made to take care of immediate dispossession; and (vi) Arrangement of NGO to be made who are given public funds for purposes of distribution of tarpaulin/quilts, etc. for purposes of shelter and protection from extreme cold. 3. The Chandigarh Administration has resisted the petition by filing an affidavit through the Land Acquisition Officer. The affidavit states that a humanitarian approach has always been adopted for the economically weaker sections of the society by allotting dwelling units for their rehabilitation and till the date of filing of the affidavit in May, 2013, 32666 suitable dwelling units stood allotted in different sectors, the details of which have been set out. The affidavit states that a humanitarian approach has always been adopted for the economically weaker sections of the society by allotting dwelling units for their rehabilitation and till the date of filing of the affidavit in May, 2013, 32666 suitable dwelling units stood allotted in different sectors, the details of which have been set out. An intensive programme of housing and rehabilitation of economically weaker sections of society living in slum conditions is stated to have been undertaken by resettling them in low cost tenements and sites under the Chandigarh Licencing of Tenements and Transit Sites in Chandigarh Scheme, 1975 followed by the Licencing of Tenements and Sites and Services in Chandigarh Scheme, 1979. Further steps were being taken under The Chandigarh Small Flats Scheme, 2006 for which the eligibility conditions have been set out as under:- “Eligibility and Mode of Allotment 6(a) With respect to every block of a Notified Colony selected for clearance, allotment of a flat shall be made as under:- (i) All persons whose names appear in the biometric survey and voter list as on 1.1.2006 shall be eligible for allotment of a flat on license basis. The name of the person should also be appear in the latest voter list of the year in which allotment is to be made. (ii) A person who owns more than one habitation in any of the Notified Colonies in his own name or in the name of any dependent member of his family shall be entitled to the allotment of only one flat under this Scheme. (iii) A family unit shall be entitled to one flat, provided it fulfils all the conditions under the Scheme. (b) All allotments of flats under this scheme will be on monthly license fee basis consisting of One Room Flat in a multi-story building. 7. Notwithstanding anything contained in the Scheme, no person shall be eligible for allotment of a flat unless he fulfils the following conditions:- (a) The applicant must himself be residing in the colony. Mere ownership, unless accompanied by actual physical habitation of a building or structure or covered site shall not be sufficient to make a person eligible for allotment under this scheme. Mere ownership, unless accompanied by actual physical habitation of a building or structure or covered site shall not be sufficient to make a person eligible for allotment under this scheme. (b) The person does not own or have ever been allotted whether on free-hold or lease-hold basis, a residential site in the Union Territory, Chandigarh, Panchkula or Mohali by the respective Government/Administration or its Agency either in his own name or in the name of any member of his family dependent on him.” 4. Though the aforesaid aspect of the various schemes of rehabilitation has been set out, the locus standi of the petitioner is seriously disputed including the lack of proper description and the factum of it being not known as any recognized association. While denying the allegations of the petitioner, it has been stated that the persons eligible under the Schemes are relocated while those who are not eligible are firstly counselled to remove the encroachment from public land followed by publication made in the area by beat of drums in respect of removal of unauthorised structures. Orders in accordance with law are passed by District Magistrate, U.T., Chandigarh. 5. Intimation was received vide a communication dated 29.11.2012 from the Senior Superintendent of Police, U.T., Chandigarh by the Estate Officer that unauthorized construction was being undertaken on agricultural land behind the Marble Market in village Dhanas. Taking cognizance of this, the action was taken to remove unauthorized structures in villages Dhanas, Sarangpur and Daddu Majra. The photographs annexed with the information received have been placed on record which show that construction activity was being undertaken and this is quite apparent from the photographs. In fact, an unauthorized colonisation process was going on and, thus, action was also required to be taken against such persons who created unauthorized colonies. None of the persons was found eligible for rehabilitation in the biometric survey. 6. Insofar as making necessary arrangements in winter is concerned, two night-shelters are stated to be existing in Chandigarh which are functional. There are 30 Sulabh Sauchalayas and 38 relocatable toilet blocks provided in various colonies with facilities of water and electricity. 23974 units have been identified in the biometric survey for purposes of rehabilitation. 7. 6. Insofar as making necessary arrangements in winter is concerned, two night-shelters are stated to be existing in Chandigarh which are functional. There are 30 Sulabh Sauchalayas and 38 relocatable toilet blocks provided in various colonies with facilities of water and electricity. 23974 units have been identified in the biometric survey for purposes of rehabilitation. 7. The respondents while emphasising that rehabilitation is necessary, simultaneously, seek to plead that there cannot be a premium on encroachment and, thus, it is not as if every encroacher has to be re-located or rehabilitated. The Chandigarh Administration has, thus, formulated schemes and rehabilitation takes place of eligible persons as per the Schemes. 8. In the replication filed by the petitioner, new facts are sought to be pleaded and this is the reason why the respondents were permitted to file a response to those allegations. The replication seeks to set out a history of abadi deh land and as to what provisions of law would cover that. But then these aspects were never pleaded in the petition. Apart from this, the emphasis has been on alleged inhuman way of the respondents in removing the encroachers. The petitioner pleads that there is no direct or personal interest and that the unauthorised encroachments were existed earlier as per the own survey of the Chandigarh Administration and yet no steps were taken. A list of affected persons in different localities has been set out in the replication. The night-shelters are stated to be inadequate. The occupants are stated to be using the private property of village adjacent to abadi deh and, thus, it is claimed that it should not be treated as illegal or unauthorised occupation for demolition. 9. In the affidavit in response by the respondents, it has been stated that there is apparently a clear oblique motive in filing of the petition as is apparent from the fact that Civil Writ Petition No. 9276 of 2011 had been filed by 72 persons, all claiming to be residents of colony/basti near Kabristan, Village Dhanas, Chandigarh praying for quashing of notices issued under Section 12 of the Punjab New Capital (Periphery) Control Act, 1952 and for their cases to be considered for allotment of houses/flats/plots on the same pattern as were allotted to the slum dwellers by the Chandigarh Administration. The writ petition was disposed of vide orders dated 15.1.2013 by giving liberty to the petitioners to file replies to the notices within one month and for a speaking order to be passed after giving opportunity of hearing. There was a direction that no demolition should be carried out till the final order was passed. Pursuant to this order, speaking orders are stated to have been passed. 10. Not only the aforesaid, Civil Writ Petition No. 2598 of 2013 was filed by 132 petitioners, all residents of Dhanas Colony, Dhanas, U.T., Chandigarh, making a similar prayer qua the notices and for allotments. This writ petition was also disposed of in terms of the orders passed in Civil Writ Petition No.9276 of 2011. Eight of the persons mentioned in the replication in the present proceedings are stated to be the same persons who had filed the Civil Writ Petition No.2598 of 2013 with details set out. 11. We have examined the pleadings and the rival submissions of the learned counsels for the parties. 12. In the matter of this nature, competing interests arise of maintaining public land and ensuring that no unauthorised construction is carried out on the same as against the rights of the slum-dwellers. It is trite to say that any construction must have authority of law and a proper sanction. Undisputedly, there is absence of any such sanction for this construction. It appears that the endeavour was to colonize certain land without permission. If such plots are purchased, both the seller and the purchaser are fully aware of the illegality of the act. 13. The requirement of providing housing to the economically underprivileged, however, remains a challenge. The real estate escalation in cities like Chandigarh has made housing for the economically underprivileged unaffordable. These are persons who are also providing essential services and in larger perspective the State owes a social obligation to ensure that their basic needs are met. 14. The affidavits filed by the respondents do suggest that periodically schemes have been undertaken for making housing for the economically underprivileged and consequent allotments being made. This is a continuing exercise. However, land is not unlimited and, thus, there is limitation on the number of people who can be rehabilitated. The eligibility in mode of allotment under 2006 Scheme has been set out by the respondents. This is a continuing exercise. However, land is not unlimited and, thus, there is limitation on the number of people who can be rehabilitated. The eligibility in mode of allotment under 2006 Scheme has been set out by the respondents. The name should have appeared in the biometric survey and voter-list as on 1.1.2006 to be eligible and every family unit is entitled to one flat to be given on monthly licence fee basis. Thus, we are of the view that rehabilitation schemes are in process towards the avowed objective of providing housing to the economically underprivileged. 15. There is force in the contention of the respondents that there cannot be a licence for encroachment. The photographs filed with the affidavit show that there was apparently an ongoing construction which was sought to be stopped. This becomes necessary as a preventive exercise as often after a construction is complete a dispute starts as to when did the construction occur. The problem is, thus, sought to be nipped in the bud. 16. We are of the view that keeping in mind the complexity of the matter in issue and the same requiring administrative action, it is not possible to lay down general norms through a judicial pronouncement as is prayed for by the petitioner. Some of the reliefs claimed, however, also appear to be based on conjectures because notices and intimation had apparently been given to the occupants to remove themselves from the site, but to no avail. There also cannot be any general guidelines that wherever demolition takes place alternative accommodation be provided irrespective of whether they are eligible or not under any scheme. However, we are of the view that unless necessary, such a demolition in extreme winter is not desirable as it creates a larger human problem. This is especially so as the matter pertains to housing for the underprivileged for which the authorities themselves take steps. 17. Insofar as persons who are homeless are concerned, it is desirable that keeping in mind the requirement, the number of night-shelters should be increased. This would have to be done on the basis of some survey of the authorities, possibly, with assistance of the NGOs so that adequate shelters are available in biting cold. 17. Insofar as persons who are homeless are concerned, it is desirable that keeping in mind the requirement, the number of night-shelters should be increased. This would have to be done on the basis of some survey of the authorities, possibly, with assistance of the NGOs so that adequate shelters are available in biting cold. We, however, cannot lose sight of the fact that the authorities may be required to nip the problem in the bud if the winter months are used to carry out unauthorised construction, as was detected in the present case by the authorities, necessitating the action. 18. We are sure that the respondent-authorities will work in a manner as to balance the competing interests of maintaining encroachment free areas while separately providing housing for the economically underprivileged and ensuring rehabilitation under the Schemes which are in force. If we may say, there are no easy solutions to this problem. 19. We, thus, dispose of the writ petition in the aforesaid terms.