The petitioners claim a “willful violation” of the court’s directive earlier this month mandating a nationwide halt on demolitions unless cleared by the court
Team Clarion
NEW DELHI – The Supreme Court on Monday issued notice to the Assam government on a plea accusing it of contempt by allegedly flouting the apex court’s September 17 interim direction to pause demolitions anywhere in the country without its permission.
The contempt petition has been filed by 47 citizens and it accuses state officials of disregarding the court’s interim order barring demolitions without prior approval.
A bench led by Justices BR Gavai and KV Viswanathan instructed the parties to maintain the status quo in the interim, with the notice expected to be returned within three weeks.
Senior Advocate Huzefa Ahmadi, representing the petitioners, asserted that Assam authorities had marked their homes for demolition without issuing prior notice, despite the court’s clear instructions.
The petitioners, residents of Kachutoli Pathar and neighbouring areas in Sonapur Mouza of Kamrup Metro district, argued that they have lived on the land for decades based on the power of attorney agreements with the original pattadars (landholders).
Though they do not claim ownership, they contend that their occupancy is legitimate under these agreements.
According to the petition, authorities began demolitions, ignoring the court’s ruling and violating an assurance given by the state’s Advocate General to the Gauhati High Court on September 20, 2024, that no action would be taken against the petitioners until their submissions were reviewed.
The petitioners claim their homes were demolished without proper notice, which they argue is illegal under Section 165(3) of Chapter X of the Assam Land and Revenue Regulation. The section requires authorities to serve an eviction notice and provide tenants a month to vacate before any demolition can take place.
The petition further asserted that the demolition violated the principles of natural justice and their Constitutional rights under Articles 14, 15, and 21, as they were not given an opportunity to defend themselves or receive adequate notice.
The petition stated that housing is a fundamental right under Article 21 of the Constitution, and any punitive demolition without due process infringes on this right.
In response to the ongoing demolition, the petitioners have requested the court’s intervention to uphold its previous order and protect their homes from further destruction.
Several pleas, which have alleged that properties of those accused of crimes are being demolished in several states, are pending in the top court.
While hearing the pleas on September 17, the court observed that even one instance of illegal demolition was against the “ethos” of the Constitution.
“Till the next date of hearing, we direct that there shall be no demolition anywhere across the country, without seeking leave of this court,” the bench had said and posted the pleas for hearing on October 1.
“We further clarify that our order would not be applicable if there is an unauthorised structure in any public place such as a road, street, footpath, abutting railway line or any river body or water bodies and also, to cases where there is an order for demolition made by a court of law,” the apex court had said.
Hearing the petitions on September 2, the court questioned how anybody’s house be demolished just because he is an accused in a case.
The court was hearing petitions filed by the Jamiat Ulama-i-Hind and others seeking directions to various states to ensure no further demolition of properties of those accused in cases of rioting and violence.
The Muslim body had also filed a petition in the apex court seeking directions to the Uttar Pradesh government to ensure that no further demolition of properties of those accused of violence was carried out in the state.
It had said no demolition should be carried out without following the due process of law and sans prior notice. – With inputs from Agencies
