The Supreme Court of India on Wednesday declined a petition seeking a uniform policy across the country for the regularisation and demolition of long-standing unauthorised constructions. A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana stated that such matters fall within the policy domain of States and Union Territories, and hence refused to constitute a court-empowered committee to formulate uniform guidelines. The Court emphasized that circumstances vary from State to State, necessitating different policy frameworks tailored to each situation.

The petition filed by the Centre for Law and Good Governance highlighted that while some States like Andhra Pradesh, Telangana, and Delhi have settlement and regularisation policies, there have been instances of sudden demolitions without notice or rehabilitation schemes for affected families. The petitioner argued that demolition is an extreme and irreversible action that must balance enforcement of planning laws with constitutional rights to shelter, livelihood, and dignity under Article 21. The Court reiterated its prior directions against illegal demolitions and stressed the need for due process, including at least 15 days’ notice before demolition, but maintained that policy decisions remain with the executive. It urged States and Union Territories to consider the issues raised in the petition while formulating or revisiting their policies.