NEW Delhi: Supreme Court judge B R Gavai on Wednesday cited a couplet by renowned Hindi poet ‘Pradeep’ in his 95-page judgement, which establishing nationwide guidelines for property demolitions under “bulldozer justice.”
“‘Apna ghar ho, apna aangan ho, is khawab mein har koi jeeta hai; Insaan ke dil ki ye chahat hai ki ek ghar ka sapna kabhi naa choote’ (To have one’s own home, one’s own courtyard – this dream lives in every heart. It’s a longing that never fades, to never lose the dream of a home),” stated the judgement’s introduction.
The bench, which included Justice K V Viswanathan alongside Justice Gavai, noted that the house represents a fundamental aspiration for all individuals and families, symbolising their stability and security.
The judgement addressed whether the executive authority should have the power to remove families’ shelter as punishment for alleged crimes under constitutional provisions. The court affirmed that the right to shelter constitutes an essential aspect of Article 21 of the Constitution, which protects life and personal liberty.
The established guidelines mandate that authorities must issue prior show cause notices before any demolition, allowing affected parties 15 days to respond. The court strongly criticised ‘bulldozer justice’, stating that the executive cannot assume judicial functions by declaring guilt and demolishing properties.
The bench emphasised that arbitrary demolitions of citizens’ houses based solely on criminal accusations violate the rule of law principles. Justice Gavai declared it unconstitutional to demolish properties merely because occupants face accusations or convictions, asserting that the executive cannot usurp the judiciary’s fundamental responsibilities.
