SC quotes poet Pradeep; says house embodies hopes of family

Quoting noted Hindi poet Pradeep, the Supreme Court on Wednesday sought to emphasise the importance of right to shelter and its socio-economic aspect in the life of a common man, saying “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. Having a house or a roof over one’s head gives satisfaction to any person…It gives a sense of dignity and a sense of belonging. If this is to be taken away, then the authority must be satisfied that this is the only option available,” a Bench of Justice BR Gavai and Justice KV Viswanathan said in its verdict declaring unconstitutional demolition of ‘unauthorised’ properties of those accused of crime.

Writing the judgment for the Bench, Justice BR Gavai began it by quoting Pradeep’s couplet. “Apna ghar ho, apna aangan ho, es khawab mein har koi jeeta hai; Insaan ke dil ki ye chahat hai ki ek ghar ka sapna kabhi naa chhoote”. (To have one's own home, one's own courtyard - this dream lives in every heart. It's a longing that never fades, never lose the dream of a home)."

The Bench underlined the need to follow the rule of law. “While considering the issue with regard to the demolition of the houses which are required to be demolished for breach of the local laws, we find that the principle of the rule of law needs to be considered even in the municipal laws. There may be certain unauthorised constructions which could be compoundable. There may be certain constructions wherein only part of the construction is required to be removed. In such cases, the extreme step of demolition of the property/house would, in our view, be disproportionate,” it said.

Holding that properties of even convicted persons cannot be demolished without following the due process as prescribed by law, the top court said, “Such an action by the executive would be wholly arbitrary and would amount to an abuse of process of law. The executive in such a case would be guilty of taking the law in their hands and giving a go-by to the principle of the rule of law.”

It’s only the courts which are independent adjudicators of the rights of the parties and under the constitutional framework it is only they which can impose punishment, the top court said.