Gavai singled out such demolition drives—especially those targeting homes of individuals merely accused of crimes—as violations of constitutional guarantees of shelter and due process. He argued that the executive cannot assume the role of a court or impose collective punishment on families of accused persons. He asked what crime their family members had committed to warrant denying them shelter, insisting that demolishing their homes equated to punishing innocents for the alleged crimes of others.
He recalled that the highest court had stepped in when authorities acted “in excess,” ordering safeguards against arbitrary demolitions. High Courts were urged to hear complaints promptly when demolitions lacked proper notice or judicial oversight, and to hold officials personally accountable for violations.
Gavai described his ruling against bulldozer-led demolitions as the most significant judgment of his brief tenure as Chief Justice, underscoring its importance in defending the rule of law and right to shelter. That verdict came alongside another key ruling which permitted sub-classification of scheduled communities for reservations — a decision he defended as vital to addressing deep inequalities.
In retirement remarks delivered at a Supreme Court Bar Association farewell function, Gavai reflected on his 40-year career in law, including 18 years as an advocate and 22 years as a judge. He cited his upbringing and judicial philosophy, guided by ideals of justice, equality and liberty, as behind his commitment to fairness and restraint.