B. R. GAVAI, K. V. VISWANATHAN
In Re: Directions in the matter of Demolition of Structures – Appellant
Versus
. – Respondent
This paragraph indicates that the Supreme Court has not finally disposed of the batch of writ petitions (Writ Petition (Civil) Nos. 295 and 328 of 2022, and Writ Petition (Criminal) No. 162 of 2022). Instead, the Court has issued binding guidelines under Article 142 to regulate demolitions of properties (particularly those linked to accused persons or unauthorized structures), directed circulation of the judgment to all States/UTs and High Courts, and required State Governments to notify District Magistrates and local authorities accordingly (!) (!) . The matter is adjourned for listing after four weeks, likely to assess compliance, receive reports on implementation (e.g., issuance of circulars, designation of nodal officers/digital portals), or consider any further submissions/applications (!) (!) (!) (!) . This keeps the supervisory jurisdiction active, ensuring the guidelines are enforced pan-India without immediate closure (!) (!) (!) . Parties may file interim applications or compliance affidavits in the interim. (!)
JUDGMENT :
B.R. GAVAI, J.
INDEX
I. | BACKGROUND |
II. | RULE OF LAW |
III. | SEPARATION OF POWERS |
IV. | DOCTRINE OF PUBLIC TRUST AND PUBLIC ACCOUNTABILITY |
V. | RIGHTS OF THE ACCUSED UNDER THE CONSTITUTION |
VI. | PRINCIPLES OF CRIMINAL LAW: PRESUMPTION OF INNOCENCE AND NATURAL JUSTICE |
VII. | RIGHT TO SHELTER |
VIII. | PERMISSIBILITY OF THE COLLECTIVE PUNISHMENT |
IX. | DIRECTIONS |
^^viuk ?kj gks] viuk vkaxu gks]
bl [okc esa gj dksbZ thrk gSA
balku ds fny dh ;s pkgr gS]
fd ,d ?kj dk liuk dHkh u NwVsA**
(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.)
This is how the importance of shelter has been described by a famous Hindi poet ‘Pradeep’.
It is a dream of every person, every family to have a shelter above their heads. A house is an embodiment of the collective hopes of a family or individuals’ stability and security.
An important question as to whether the executive should be permitted to take away the shelter of a family or families as a measure for infliction of penalty on a person who is accused in a crime under our constitutional scheme or not arises for consideration.
Before we proceed with our judgment, we may gainfully refer to the
Smt. Indira Nehru Gandhi v. Shri Raj Narain
National Human Rights Commission v. State of Arunachal Pradesh and Another
Justice K.S. Puttaswamy (Retd.) and Another v. Union of India and Others
Rojer Mathew v. South Indian Bank Ltd. and Others
Bilkis Yakub Rasool v. Union of India and Others
Rai Sahib Ram Jawaya Kapur and Others v. State of Punjab
I.R. Coelho (Dead) by LRs. v. State of T.N.
State of U.P. and Others v. Jeet S. Bisht and Another
Kalpana Mehta and Others v. Union of India and Others
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Centre for Public Interest Litigation and another v. Union of India and another
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Nilabati Behera v. State of Orissa and others
Common Cause, a registered society v. Union of India and others
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Charles Sobraj v. Supdt., Central Jail, Tihar, New Delhi
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Sukanya Shantha v. Union of India & Ors.
Rudul Sah v. State of Bihar and another
Ankush Maruti Shinde and others v. State of Maharashtra 2019 INSC 305 [Para 61] – Relied.
Himanshu Singh Sabharwal v. State of Madhya Pradesh and others
State of Maharashtra v. Champalal Punjaji Shah
Chameli Singh and others v. State of U.P. and another
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K.S. Puttaswamy and another v. Union of India and others
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(1) Demolition of residential and commercial properties by State machinery – No demolition should be carried out without a prior show cause notice returnable either in accordance with time provided b....
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
Authorities must adhere to Supreme Court guidelines before demolishing unauthorized constructions, ensuring due process and fairness.
Administrative actions resulting in civil consequences must adhere to principles of natural justice, including providing notice and opportunity to be heard.
(1) Bulldozer Justice – Illegal demolition of residential premises/buildings violates right to shelter guaranteed by Article 21 of Constitution – Residential structures of citizens cannot be demolish....
The High Court emphasized the urgency of demolishing unauthorized constructions as per local regulations.
The court emphasized the necessity of proper notice and adherence to procedural safeguards in administrative actions affecting property rights, ruling the demolition illegal due to failure to follow ....
Procedural safeguards in demolitions must be strictly followed; arbitrary executive actions violate constitutional rights and undermine public trust.
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