Right to Housing Recognised Under Article 21

Right to Housing Recognised Under Article 21

The Supreme Court of India considered the rights of homebuyers under the Insolvency and Bankruptcy Code, 2016. The Court distinguished genuine homebuyers from speculative investors, examining factors such as buyback arrangements, assured returns, multiple-unit purchases and absence of genuine intention to obtain possession. It held that actual possession of a dwelling unit is central to determining a genuine homebuyer. The Court also emphasized that housing and shelter form part of the right to life under Article 21. The 2019 IBC amendment requiring the statutory threshold for homebuyer insolvency applications was considered applicable. The judgment is important for IBC, homebuyers, speculative investment, Article 21, right to shelter, Section 7 IBC and insolvency proceedings.