Authority: Supreme Court of India
Order Date: 12-08-2026
Case Overview
- Petitioner: Centre for Law and Good Governance, a non‑political public‑spirited academic organization, filed Writ Petition (Civil) No. 984/2026 under Article 32 seeking a uniform policy for regularisation and demolition of long‑standing unauthorized constructions and the appointment of an Expert Committee to monitor implementation.
- Respondents: Union of India and other Union Territories.
- The petitioner highlighted that several states (e.g., Andhra Pradesh, Telangana, NCT of Delhi) implicitly regularise unauthorized colonies by providing municipal services, while other states order demolition without rehabilitation, violating the right to shelter under Article 21.
- The petition sought directions to the Union and State governments to formulate a uniform policy reconciling enforcement of planning laws with shelter, livelihood, and dignity rights.
Final Outcome
- The Court held that formulation of a uniform policy is a matter within the domain of individual State governments, given the varied factual circumstances across states, and therefore it is not appropriate for the Court to prescribe a single framework.
- The petition was disposed of, with liberty granted to the petitioner to forward a copy of the writ petition to the Union of India, the respective State Governments, and Union Territories for their consideration in formulating or revisiting existing policies.
- All pending applications, if any, were also disposed of.
Topics: Housing Policy, Judicial Review