HC moots restriction of number of housing units owned by individual

A division bench comprising Justices N Kirubakaran and Abdul Quddhose said, “The government has got the power to put restrictions to buy properties till housing for all is achieved. If more money is available with him/her, he/she can invest in bank and the money should not be used to purchase more than one house which would eventually result in denying of housing rights to the needy people.”

The bench’s suggestion of restricting purchasing of housing properties was made while dismissing an appeal moved by the Tamil Nadu Housing Board (TNHB) relating to the acquisition of land set aside by a single judge for non-compliance of provisions of the Act.

Also, on noting that this court would like to go into the larger issue of providing housing unit to all families in the country, the bench suo motu impleaded the Ministry of Housing and Urban Affairs and the Ministry of Finance while posing a string of questions pertaining to the schemes on providing housing for all and the issue of inadequate housing addressed by putting a cap on the number of housing units that can be acquired.

“Though single housing unit is enough for a family, considering the future of the children, a family can be allowed to have an additional housing unit on payment of additional charges and the third unit should be completely prohibited,” the bench led by Justice Kirubakaran said while seeking to enquire into the source of income where it is found that a family possesses more than two housing properties, and charge 100 per cent more or impose extra stamp duty to discourage buying more than one house.

The bench also noted that these proposals may aid in bringing down property prices, help more persons acquire housing, prevent real estate mafia activities and ease the exploitation of natural resources. It would also reduce the mindless exploitation of natural resources like sand, water, trees, etc which are all nowadays exploited illegally. Only if these natural resources are saved would they be available for posterity, the bench added.

“Lakhs and lakhs of people are living on platforms, roads, cement pipes, slums, under the trees and on banks of waterbodies without proper shelter and basic amenities and safety. It is true that the Central government has presently taken a policy decision to provide housing unit to every family. It should be achieved at the earliest. It could become fruitful when restrictions are put on persons who hold more than one housing units,” the bench held.