Supreme Court's Stance Against Arbitrary Demolition: Justice Gavai's Landmark Judgment

Supreme Court Justice B R Gavai used Hindi poet Pradeep's couplet to express that everyone dreams of their own home. His 95-page verdict on property demolition emphasized the right to shelter under Article 21. He laid down guidelines, condemning 'bulldozer justice' as unconstitutional and reinforcing judicial oversight.

In a landmark ruling, Supreme Court Justice B R Gavai evoked the poetic lines of noted Hindi poet Pradeep to underscore the universal aspiration for a personal home. The poetic introduction set the tone for a sweeping judgment on property demolition practices across India.

The 95-page verdict establishes nationwide guidelines against the demolition of properties without due process, emphasizing that the right to shelter is protected under Article 21 of the Constitution. Justice Gavai stressed that every person and family inherently dreams of a stable and secure home.

The bench, including Justice K V Viswanathan, sternly criticized the adoption of 'bulldozer justice,' declaring executive actions that bypass judicial oversight unconstitutional. The court insisted on judicial checks with a mandate that affected parties receive a prior show cause notice and a 15-day response period.

(With inputs from agencies.)