Noting that former Chief Justice of India DY Chandrachud has overstayed in the Chief Justice’s official residence, the Supreme Court administration has written to the Centre, urging it to ensure that the bungalow is vacated and returned to the court’s housing pool.
The Supreme Court currently has 33 judges, including the Chief Justice of India BR Gavai. This is one less than the sanctioned strength of 34 judges. Four judges of the Supreme Court have not been allocated government accommodation yet. While three of them are living in transit apartments of the Supreme Court, one is living in a state guest house, a highly-placed source told NDTV. The top court, therefore, is in urgent need of the Krishna Menon Marg bungalow, the Chief Justice’s official residence.
Former Chief Justice of India DY Chandrachud retired on November 10, 2024. According to government rules, a serving Chief Justice is entitled to a Type VIII bungalow during his tenure. Following retirement, he/she can stay in a Type VII government bungalow rent-free for a period of up to six months.
In this case, Justice Chandrachud has stayed in the Type VIII bungalow he was allotted as Chief Justice for nearly eight months after his retirement. This has also been possible because his two successors in the top post — former Chief Justice Sanjiv Khanna and current Chief Justice BR Gavai chose not to move into the 5, Krishna Menon Marg bungalow and continued in their earlier accommodation.
In its July 1 letter, the Supreme Court administration has urged the Ministry of Housing and Urban Affairs to get the bungalow 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,” says the letter from a Supreme Court official to ministry’s secretary.
Justice Chandrachud said personal circumstances led to the delay and that the Supreme Court administration was informed about this. When NDTV reached out, he said he did not want to overstay in the government accommodation. “But my daughters need a home with special needs. I have been roaming around since February. I have also tried service apartments and hotels, but none of them worked out,” he said.
The former Chief Justice said that on April 28, he wrote to the then Chief Justice Khanna, informing him that he was searching for a suitable accommodation and urged him to let him stay on in the bungalow till June 30, but received no reply. This was his third request for an extension. Justice Chandrachud said he had also spoken to Chief Justice BR Gavai and assured him that he would move out as soon as possible.
He said the government has allotted him temporary accommodation on rent, but the bungalow has not been used for two years and is currently undergoing repairs and renovation. “Most of my items are packed. I will shift as soon as they are done. It’s a matter of a few days. I am not interested (in overstaying), but I don’t have a choice.”
The Supreme Court official’s letter to the ministry mentioned that a month after his retirement, Justice Chandrachud wrote to his successor, then Chief Justice Sanjiv Khanna. “It would be more convenient if I am permitted to retain the existing accommodation at 5 Krishna Menon Marg till 30 April 2025,” he wrote, and offered to forgo the bungalow allotted to him post-retirement.
The then Chief Justice agreed, and the ministry approved that former Chief Justice Chandrachud can retain the Krishna Menon Marg from December 11, 2024, to April 30, 2025, on payment of licence fees of Rs 5,430 per month.
Justice Chandrachud, the letter added, then made an oral request to the then Chief Justice to allow him to stay on till May 31 this year. This, too, was approved, but with a caveat that no further extension would be allowed.
With that deadline lapsing too, the Supreme Court administration has now asked the ministry to “take possession without any further delay”.
