‘Ek ghar ka sapna’: Supreme Court summarizes judgment on bulldozer action with this shayari | India News – Times of India

NEW Delhi: Supreme Court Justice BR Gavai on Wednesday quoted a couplet of famous Hindi poet ‘Pradeep’ in his 95-page judgment laying down nationwide guidelines for demolition of property under ‘bulldozer justice’.
“’Apna ghar ho, apna aangan ho, is khawab mein har koi jeeta hai; Insaan ke dil ki ye chahat hai ki ek ghar ka sapna kabhi naa choote’ (having one’s own house, one’s own courtyard – this dream lives in every heart . It is a desire that never fades, to never lose the dream of a home),” reads the preamble to the judgment.
The bench, which also included Justice KV Viswanathan besides Justice Gavai, noted that the house represents a fundamental aspiration for all individuals and families and symbolizes their stability and security.
The judgment addressed whether the executive branch should have the power to remove family shelters as punishment for alleged crimes under constitutional provisions. The court confirmed that the right to shelter is an essential aspect of Article 21 of the Constitutionthat protects life and personal liberty.
The established guidelines require authorities to issue prior ‘show cause’ notice before any demolition, giving interested parties 15 days to respond. The court sharply criticized ‘bulldozer justice’ and stated that the executive cannot exercise judicial functions by pleading guilty and demolishing properties.
The court emphasized that arbitrary demolition of citizens’ homes based solely on criminal charges violates the principles of the rule of law. Declaring that it is unconstitutional to demolish properties just because residents face charges or convictions, Justice Gavai asserted that the executive branch cannot usurp the fundamental responsibilities of the judiciary.