SC rejects plea for national policy for demolition rehab, leaves it to states

The Supreme Court declined to grant a nationwide rehabilitation policy for those displaced by demolition operations targeting unauthorized constructions, emphasizing that such matters are best handled by individual states and union territories. Chief Justice Surya Kant led the bench, which concluded that crafting a uniform policy would be impractical and potentially detrimental.

The Court's five judges, including Joymalya Bagchi and V Mohana, encouraged the petitioner, the non-profit Centre for Law and Good Governance, to directly engage with the relevant state and union territory bodies to tackle the issue. The petitioner argued that the court's right to shelter, as part of the right to life under Article 21 of the Constitution, should be upheld, noting the inconsistent judicial decisions on the matter.

While some states, like Andhra Pradesh, Telangana, and Delhi, have established settlement and regularization policies, other states lack such measures, leading to inconsistent enforcement. The bench acknowledged the need to balance the rights of both illegal construction developers and displaced individuals, emphasizing that the court cannot impose a one-size-fits-all solution.

The Court reiterated its previous judgments, such as the Olga Tellis decision, which established that eviction requires due process. The bench also highlighted that it would not create a court-appointed committee to oversee this issue, as such a body would not possess the authority vested in state or municipal authorities.