Daijiworld Media Network - New Delhi

New Delhi, Jun 19: Chief Justice of India B.R. Gavai has strongly reaffirmed the Supreme Court’s stance against arbitrary demolitions, stating that constitutional rights must not only defend civil liberties but also ensure human dignity, safety, and material well-being.

Speaking at the Milan Courts in Italy on the topic “Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution”, the CJI referenced the top court’s landmark judgment opposing the growing trend of “bulldozer justice” — the demolition of homes and properties without due legal process.

“These actions,” Justice Gavai said, “violate the rule of law and the fundamental right to shelter under Article 21 of the Constitution.” Quoting the ruling, he noted,

“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 for stability, security, and a future.”

He emphasized that executive authorities cannot assume the roles of judge, jury, and executioner, especially in cases where individuals have not been convicted by a court of law.

The Supreme Court’s ruling in Re: Directions in the matter of demolition of structures laid down nationwide guidelines for handling unauthorised constructions. The judgment, delivered in November last year by a bench led by Justice Gavai and Justice K.V. Viswanathan, warned state authorities of criminal contempt for non-compliance.

Key directives issued under Article 142 of the Constitution include:
• Mandatory prior show cause notice before any demolition.
• 15-day period before implementing any demolition order.
• Orders to be publicly displayed on digital portals maintained by local and municipal bodies.

The court also clarified that its directions would not apply to unauthorised structures in public places such as roads, footpaths, railway lines, or riverbanks, nor to demolitions ordered by a court.

Justice Gavai’s remarks in Milan underline the Indian judiciary’s increasing focus on ensuring that state actions — even when targeting illegal constructions — do not undermine the basic rights and dignity of citizens.