Home for family is a basic ‘human yearning’: Supreme Court

New Delhi: The Supreme Court on Thursday observed that having a house for a family was a “basic human yearning” wherein hard earned money was invested in the hope of obtaining a roof over their heads.

A bench headed by Chief Justice Dipak Misra made the observation in a verdict in which the apex court ordered re-commencement of re-solution process against Jaypee Infratech Ltd (JIL) and barred the firm, its holding company and their promoters from participating in the fresh bidding process.

The bench, also comprising Justices A.M. Khanwilkar and D.Y. Chandrachud, noted in its judgment that during the hearing in the matter, there was a unanimity that liquidation of JIL would not subserve the interests of the home buyers.

“The home buyers have made valuable investments by contributing hard earned monies in the hope of obtaining a roof over their heads. A home for the family is a basic human yearning,” the bench said.

“In diverse contexts it (having a home) has been held by this court to be a part of the right to life, as a fundamental constitutional guarantee,” it said.

Besides this matter, the apex court is presently seized of issues relate to real estate firms including Unitech, Supretech and Amrapali in which hassled home buyers are engaged in legal battle to get possession of their flats.

In its verdict, the apex court said that all the counsel representing the home buyers had earnestly appealed to the court to exercise its jurisdiction to ensure “complete justice” instead of leaving them to the mercy of liquidation process.

“The court appreciates the substance in that plea, understanding at the same time, the need to abide by the discipline of the law,” it said.

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