Guwahati, 30th September: The Supreme Court has issued a notice to the State of Assam regarding a contempt petition filed by 47 citizens who allege that the state has willfully violated the court’s interim order prohibiting demolitions without prior approval. The court had issued this order on September 17, 2024.
A bench comprising Justices BR Gavai and KV Viswanathan ruled that the status quo must be maintained until the matter is resolved, with the notice expected to be returned within three weeks.
Senior Advocate Huzefa Ahmadi, representing the petitioners, argued that there has been a “severe breach” of the court’s order, stating that officials in Assam had marked the petitioners’ homes for demolition without providing prior notice. She emphasized that demolitions had already begun, directly contravening the Supreme Court’s ruling.
The court’s interim order, dated September 17, specified that no demolition could occur nationwide without its approval, though it exempted encroachments on public roads, sidewalks, railway tracks, and water bodies from this ruling.
The petitioners initiated contempt proceedings following the alleged actions of Assamese officials, who claimed that the petitioners were encroachers. Ahmadi referenced a recent ruling from the Gauhati High Court on September 20, 2024, where the Advocate General of Assam assured that no legal actions would be taken against the petitioners until their submissions were resolved. Despite this, the petitioners assert that the state authorities proceeded with demolition efforts, further violating the court’s directives.
The petitioners claim they have occupied the land for decades based on power of attorney agreements with original pattadars (landholders) in Kachutoli Pathar and nearby areas within the Sonapur mouza of the Kamrup Metro district. While they do not assert ownership, they argue that their occupancy is legitimate under these agreements.
The petitioners allege that their homes were marked for demolition without prior warning, which they view as illegal. They cite Section 165(3) of Chapter X of the Assam Land and Revenue Regulation, which mandates that authorities must serve eviction notices and provide tenants a month to vacate before any demolition takes place.
Additionally, the petition contends that the demolition orders violate the audi alteram partem doctrine, which ensures the right to a fair trial and principles of natural justice. It asserts that the petitioners’ rights under Articles 14, 15, and 21 of the Constitution have been infringed upon, as they were not given an opportunity to defend themselves or adequate notice, resulting in the loss of their homes and livelihoods.
“The right to housing/shelter is a fundamental right, as recognized by this Hon’ble Court on numerous occasions, and is integral to the rights guaranteed under Article 21 of the Constitution. This right cannot be taken away without due process of law. Therefore, the demolition of properties by authorities in the Respondent State as a punitive measure for alleged crimes violates this fundamental right,” the petition states.
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