SC wants Chandrachud to vacate CJI bungalow

Hindustan Times

3 days ago

The Supreme Court administration has taken the unprecedented step of writing to the Union government seeking the official Chief Justice residence be urgently vacated and returned to the court's housing pool, noting that its current occupant —former CJI Dhananjaya Y Chandrachud — has stayed beyond the permissible period. Former CJI DY Chandrachud
A July 1 communication from the Supreme Court, seen by HT, to the Ministry of Housing and Urban Affairs (MoHUA) has demanded that Bungalow No. 5 on Krishna Menon Marg in Lutyens' Delhi -- the designated residence for India's sitting CJI, be vacated immediately.
'I am to request you to take the possession of Bungalow No. 5, Krishna Menon Marg, from Hon'ble Dr. Justice DY Chandrachud without any further delay as not only the permission that was granted for retention... has expired on 31st May, 2025, but also the period of six months provided in Rule 3B of the 2022 Rules has expired on 10th May, 2025,' read the letter from a Supreme Court official to the MoHUA secretary. HT has seen this letter.
Justice Chandrachud, who served as the 50th CJI between November 2022 and November 2024, currently occupies the Type VIII bungalow nearly eight months after demitting office. Two successive CJIs — Justices Sanjiv Khanna and the incumbent Bhushan R Gavai — chose not to move into the premises, opting instead to continue living in their previously allotted bungalows.
When contacted, Justice Chandrachud attributed the delay to compelling personal circumstances of which the Supreme Court administration was fully informed. He clarified that he had already been allotted alternative accommodation by the government on rent for a limited period, and was only waiting for it to be made livable after years of disuse.
As per the July 1 communication, on December 18, 2024 -- just over a month after he retired, Justice Chandrachud wrote to then CJI Khanna, seeking permission to continue residing at 5 Krishna Menon Marg until April 30, 2025.
In his letter, Justice Chandrachud said that although he had been allotted Bungalow No. 14 on Tughlak Road in accordance with Rule 3B of the Supreme Court Judges (Amendment) Rules, 2022, renovation work at the new residence had been stalled due to pollution-related construction restrictions under GRAP-IV.
'It would be more convenient if I am permitted to retain the existing accommodation at 5 Krishna Menon Marg till 30 April 2025,' wrote Justice Chandrachud, while offering to forgo the Tughlak Road bungalow so it could be allotted to another judge.
Rule 3B of the 2022 Rules permits a retired Chief Justice to retain Type VII accommodation, which is a notch below the Krishna Menon Marg bungalow (Type VIII), for a maximum of six months post-retirement.
In the wake of the then CJI's nod, MoHUA approved the retention of the Type VIII bungalow at Krishna Menon Marg by Justice Chandrachud from December 11, 2024, to April 30, 2025 on payment of licence fees of ₹5,430 per month. This was conveyed by MoHUA to the Supreme Court via a letter dated February 13, 2025.
The July 1 letter added that Justice Chandrachud subsequently made an oral request to the CJI to continue residing at the same premises until May 31, 2025, which was granted with a caveat -- no further extension would be allowed as other judges, elevated in the interim, were living in guest houses or waiting for a bungalow allotment.
The July 1 letter further underscores the breach of both the permission timeline and the statutory framework. It notes that Rule 3B entitles a retired Chief Justice to only a Type VII residence for six months, a period that ended for Justice Chandrachud on May 10, 2025.
The communication also clarified that while the Krishna Menon Marg residence was permitted due to 'special circumstances,' the understanding was that it would be vacated after the agreed-upon extension till May-end. With that deadline having lapsed, the administration has now pressed the ministry to 'take possession without any further delay' and confirm to the Supreme Court.
The letter marks a rare instance of formal intervention by the apex court to reclaim its highest official residence from a former occupant, and that too a former CJI. While informal extensions and grace periods post-retirement are not uncommon in the judiciary or bureaucracy, a letter seeking urgent action is unheard of at this level.
Justice Chandrachud said: 'I have already been allotted an accommodation by the government on rent and that house is currently under renovation because it was shut for the last at least two years. I informed the Supreme Court about this allotment, making it clear I will shift the very next day that the house is ready,' he added.
Justice Chandrachud also shared that the delay was, in part, due to the needs of his family, particularly his two daughters, both of whom require special care. 'I have two daughters with special needs, which is why it has taken me some time to look for a house appropriate for their needs,' he said.
'My daughters have severe comorbidities and genetic problems – particularly nemaline myopathy, for which they are being treated by specialists at AIIMS. I totally understand it is my personal issue. But I should also make it clear why it has taken me so long to look for a house, and this is something I have already discussed with the judges and the officers in the Supreme Court.'
The former CJI maintained that the issue would soon be resolved and that he remained fully aware of the obligations that came with his past office.
'It is a matter of just a few days and I will shift… I have occupied the highest judicial office and I am completely cognisant of my responsibilities. To be sure, former CJIs in the past have been allowed extended time to retain government accommodation post-retirement, often to facilitate transition or address personal exigencies,' Justice Chandrachud emphasised.
The former CJI further cited an April 28 letter that he wrote to the then CJI, Justice Khanna, informing him that he was in the process of shortlisting accommodation, given the special needs that his daughters had, seeking extension till June 30.