SC guidelines on demolitions upheld dignity, security of citizens: CJI Gavai
New Delhi: Chief Justice of India (CJI) B.R. Gavai has said that the Supreme Court judgement against “bulldozer justice” reaffirmed the position that constitutional guarantees must not only protect civil liberties but must also uphold the dignity, security, and material well-being of every individual.
Addressing Milan Courts in Italy on the theme “Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution”, the CJI said that such arbitrary demolitions, which bypassed legal processes, violated the rule of law and the fundamental right to shelter under Article 21 of the Constitution.
Quoting the top court’s judgment, CJI Gavai said: “For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations. A house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future.”
The executive cannot become judge, jury, and executioner all at once, he added.
In Re: Directions in the matter of demolition of structures, the Supreme Court examined the decisions of the authorities to demolish homes and properties of an accused, as a punishment even before they were convicted by a court of law.
In November last year, a Bench of then Justice B.R. Gavai and Justice K.V. Viswanathan laid down pan-India directives governing demolitions of unauthorised structures.
The Justice Gavai-led Bench cautioned that flouting its directions by state authorities will result in criminal contempt and prosecution.
Issuing a slew of directions under Article 142 of the Constitution, the apex court said that no demolition will be carried out without a prior show cause notice. It added that the demolition order will not be implemented for a period of 15 days and will be displayed on a designated digital portal to be maintained by every municipal and local authority.
The Justice Gavai-led Bench had clarified that its directions will not be applicable if there is an unauthorised structure in any public place, such as road, street, footpath, abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a court of law.