New Delhi: The Supreme Court today issued a contempt notice to the Assam government following a petition filed by 47 residents accusing the state of violating the top court's order that no demolitions should be carried out without the court's approval.
A bench comprising Justices BR Gavai and KV Viswanathan ordered the state to respond within three weeks and directed that a status quo be maintained until the next hearing.
The petitioners claim their homes were demolished by the authorities despite the Supreme Court's previous order, as well as an assurance from the Assam Advocate General to the Gauhati High Court on September 20 that no action would be taken against them until their petitions were resolved.
The case revolves around the bulldozer action on 47 households in Kachutoli Pathar village and surrounding areas in Assam's Kamrup district. The petitioners argue that they have lived there for decades under agreements with the original landholders. They contest the state's classification of them as "illegal occupants" of tribal land, contending that they have not violated any legal provisions and that their occupation was legitimate under existing agreements.
The petition alleges that authorities violated legal protocols, including the requirement to issue an eviction notice with a one-month period for occupants to vacate. Additionally, it argues that the demolitions were carried out without giving the residents a fair hearing and depriving them of their homes and livelihoods which is a violation of fundamental rights under Articles 14, 15, and 21 of the Constitution, which guarantee equality before the law and the right to life and personal liberty.
The Supreme Court's September 17 order prohibited demolitions across the country without prior judicial approval, except in cases involving encroachments on public roads, footpaths, railway lines, or water bodies. Despite this, Assam authorities allegedly marked the petitioners' homes for demolition without notice, leading to the present contempt petition.