Passing 'Bulldozer Judgment' gave me immense satisfaction: CJI BR Gavai

 Justice BR Gavai, the Chief Justice of India was felicitated at the 269th meeting of the Friday Group on September 19, 2025. Justice KV Vishwanathan also attended the function alongside Justice Gavai.

Speaking at the function, Justice Gavai said that one of the judgments that gave him and Justice Vishwanathan, with whom he shared the bench for about six months before being appointed the CJI, was the 'Bulldozer judgment'.

While laying down guidelines in the said judgment for demolition of structures by the authorities, the Supreme Court had said that Executive cannot become a Judge and decide that a person is guilty and therefore punish him by demolishing their house.

"What was at the heart of the judgment was the human problems faced by the human beings The family is being harassed only because they were part of a family of where one of the members was either a criminal or an alleged criminal...", CJI Gavai observed.

CJI added that the credit for the judgment also equally goes to Justice Viswanathan and said, "though largely the credit has been given to me, but I must share that the equal credit in authoring the judgment should go to Justice Viswanathan".

In June this year too, CJI Gavai had referred to the top court's decision in Re: Directions in the matter of demolition of structures while speaking at the Milan Court of Appeal on the topic “Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution”.

Referring to the Court's examination of the state authorities act to demolish homes and properties of an accused, as a punishment even before they were convicted by a court of law, the CJI had said, "The decision reaffirmed that constitutional guarantees must not only protect civil liberties but must also uphold the dignity, security, and material well-being of every individual, especially the vulnerable."

CJI Gavai further remarked that in its decision the Supreme Court held that such arbitrary demolitions, which bypass legal processes, violate the rule of law and the fundamental right to shelter under Article 21. The executive cannot become judge, jury, and executioner all at once, he added.

In the judgment, the apex court has held that even after orders on demolition are passed, aggrieved party should be given time to challenge that order and sufficient time should be given to vacate the house.

Adding that no demolitions should be carried out without a prior show cause notice, every local authority has been directed to assign a digital portal within 3 months which shall contain the details of these notices issued. An opportunity should be given to the owner to demolish the illegal structure within a period of 15 days, court had added. It has further noted that only such structures which are found to be not compoundable shall be demolished.

The judgment was passed in plea was filed by Jamiat Ulema-I-Hind after the Jahangirpuri demolitions, urging the top court to issue appropriate directions to the Center and States against actions of bulldozing properties of any accused in any criminal proceedings. The organisation in their petition has said that there has been an increase in the incidents of demolition of residential and commercial premises by government administration in several states as a ‘punitive measure’ against persons allegedly involved in crime.

Jamait had claimed that such measures are against the constitution and violate the rights of a person. it was further claimed that “such measures by the government undermine the criminal justice system of our country, including the important role of the courts.