SC guidelines on demolitions upheld dignity, security of citizens: CJI Gavai

IANS June 19, 2025 391 views

Chief Justice of India B.R. Gavai praised the Supreme Court's ruling against arbitrary demolitions, emphasizing it as a safeguard for citizen dignity and security. Speaking in Italy, he highlighted that demolitions without due legal process undermine constitutional guarantees. The court's decision mandates a show-cause notice and a delay before any demolition, ensuring due process is followed. This ruling serves as a critical reminder that the executive cannot act as judge and jury in such matters.

"A house embodies collective hopes for stability, security, and a future." - CJI Gavai
SC guidelines on demolitions upheld dignity, security of citizens: CJI Gavai
New Delhi, June 19: 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.

Key Points

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SC ruling protects individual dignity and security

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Arbitrary demolitions violate rule of law

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CJI Gavai emphasizes legal processes at Milan Courts

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SC directives issued for nationwide demolition procedures

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.

Reader Comments

Here are 5 diverse user comments reflecting Indian perspectives on the SC guidelines on demolitions:
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Priya K.
This is such a landmark judgment! Many poor families suffer when their homes are demolished without notice. SC has truly protected the common man's rights. Hope state governments implement this properly 🙏
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Rahul S.
Good decision, but what about illegal encroachments? In Mumbai, many buildings violate safety norms. There should be balance - protect genuine homes but also clear dangerous structures.
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Ananya M.
Finally! The CJI's words about a house representing years of hard work really touched me. My parents saved their whole lives to build our home. No government should have power to destroy that without due process.
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Vikram J.
The digital portal idea is brilliant! Transparency is key. But will local bodies actually maintain it properly? Implementation will be the real test of this judgment.
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Sunita R.
While I support the judgment, I worry about exceptions for public spaces. In Delhi, many illegal constructions block roads and pavements. These need urgent action - public safety can't wait 15 days!

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CJI Gavai Supreme Court Bulldozer Justice Demolitions Indian Constitution Citizen Rights