• Source:JND
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The Supreme Court administration has taken the unusual step of formally writing to the Union government, requesting the immediate vacation and return of the official Chief Justice residence to the court’s housing pool. The letter notes that the current occupant, former Chief Justice of India Dhananjaya Y. Chandrachud has remained in the residence beyond the allowed timeframe.

In a communication dated July 1, the Supreme Court has urged the Ministry of Housing and Urban Affairs (MoHUA) to ensure the immediate vacation of Bungalow No. 5 on Krishna Menon Marg in Lutyens’ Delhi, the official residence allocated to the sitting Chief Justice of India. The letter calls for the bungalow’s prompt return to the court’s housing pool, according to the HT report. 

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“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, according to the HT report. 

Justice D.Y. Chandrachud, who served as the 50th Chief Justice of India from November 2022 to November 2024, continues to occupy the Type VIII bungalow nearly eight months after leaving office. Meanwhile, his successors, Justices Sanjiv Khanna and the current CJI, Bhushan R. Gavai, have declined to move into the designated residence, opting instead to remain in their previously allotted official bungalows.

When contacted, Justice Chandrachud attributed the delay in vacating the official residence to compelling personal circumstances, which he said were fully communicated to the Supreme Court administration. He clarified that he had already been allotted alternative rental accommodation by the government for a limited period and was only awaiting its readiness, as the property had been uninhabitable after years of disuse.

According to the July 1 communication, Justice Chandrachud wrote to then Chief Justice Sanjiv Khanna on December 18, 2024, just over a month after his retirement, requesting permission to continue residing at 5 Krishna Menon Marg until April 30, 2025.

In his letter, Justice Chandrachud explained that although he had been allotted Bungalow No. 14 on Tughlak Road under Rule 3B of the Supreme Court Judges (Amendment) Rules, 2022, renovation work at the new residence had been delayed due to construction restrictions imposed under GRAP-IV in response to pollution control measures.

“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.

Under Rule 3B of the 2022 Rules, a retired CJI may retain Type VII accommodation for up to six months. Justice Chandrachud, however, was allowed to stay in the higher-grade Type VIII bungalow at Krishna Menon Marg. MoHUA approved this from December 11, 2024, to April 30, 2025, at a rent of Rs 5,430 per month.

The July 1 letter states that Justice Chandrachud later made an oral request to stay until May 31, 2025. The request was granted by the CJI with the condition that no further extension would be permitted. The court noted that other judges were waiting for housing or living in guest houses.

The July 1 letter highlights a breach of rules and deadlines, stating that Justice Chandrachud was entitled to retain a Type VII residence only until May 10, 2025, under Rule 3B. Though the Krishna Menon Marg bungalow was allowed under “special circumstances,” it was to be vacated by end-May. With that deadline missed, the administration has urged the ministry to reclaim the property immediately and report back to the Supreme Court. 

This marks a rare formal move by the apex court to recover its top official residence from a former Chief Justice, an action seldom taken despite informal extensions being common.

“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,” Justice Chandrachud said, according to the HT report. 

Justice Chandrachud explained that the delay in vacating the residence was partly due to personal reasons, citing the special care needs of his two daughters.  “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 assured that the matter would be resolved soon and said that he remained fully aware of the responsibilities tied to his former position.

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“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 said, according to the HT report.

The former CJI also referenced an April 28 letter to then CJI Justice Khanna, stating he was seeking an extension until June 30 while arranging suitable accommodation due to his daughters’ special needs.