Supreme Court declines to set uniform policy on demolition of long-standing unauthorised structures

The Supreme Court on Wednesday declined to entertain a petition seeking a uniform policy across the country on regularisation and demolition of long-standing unauthorised constructions. A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said such issues essentially fall within the policy domain and declined to constitute a court-empowered committee to formulate uniform guidelines (Bar & Bench; LiveLaw). "It would be difficult and may not be prudent for this Court to lay down a uniform policy framework to be applied across various States," the Court said. It noted that circumstances vary from State to State (Bar & Bench). The Court said States and Union Territories may consider the issues raised in the petition by Centre for Law and Good Governance when formulating or revisiting their policies (Bar & Bench). LiveLaw reports the petitioner remains free to approach the Union, States and Union Territories (LiveLaw). The petitioner argued that demolition is an extreme and irreversible measure that cannot proceed without a policy reconciling planning laws with the rights to shelter, livelihood and dignity under Article 21. It said settlement and regularisation policies exist in Andhra Pradesh, Telangana and Delhi, but that colonies have been demolished with or without notice and without rehabilitation schemes (Bar & Bench). Its counsel said the Court's directions were contradictory, citing a three-judge Bench ruling on the right to shelter and a July 14, 2026 judgment holding that long-standing existence creates no right. CJI Kant said the Court has already issued comprehensive directions against illegal demolitions (Bar & Bench).