Contempt plea in Supreme Court against proposed eviction, demolition drive in Assam

A contempt of court petition has been filed before the Supreme Court over proposed evictions and demolitions in the Sonapur area of Assam [Faruk Ahmed and ors State of Assam].

The 48 residents who filed the petition have contended that this demolition drive violates the Supreme Court's recent interim order against bulldozer demolitions.

A Bench of Justices BR Gavai and KV Viswanathan is set to hear the matter on Monday (September 30).

Notably, this Bench had recently passed the interim order banning authorities from demolishing properties using bulldozers (often termed 'bulldozer justice') of people suspected of criminal activities. The Bench had made it clear that no such demolition is to be carried out without first seeking the court's permission.

It had, however, clarified that the order would not apply to cases where such actions are required to clear unauthorised construction in public spaces.

Sonapur falls in the outskirts of Guwahati, within the Kamrup Metro district. The district administration is said to have recently classified several residents of the area as 'illegal occupiers' or 'encroachers' on tribal lands.

The contempt plea by Sonapur residents (petitioners), filed through Advocate Adeel Ahmed, says that their houses were allegedly marked for demolition without any prior notice or hearing and before any declaration that they were illegal encroachers.

The petitioners claim that they have rights over the land through power of attorney. They asserted that the land has been with their families since the 1920s, well before the establishment of protected tribal belts in the area.

Further, they have been provided with utility facilities, ration cards, Aadhaar cards, and voting ID cards based on their residency, the plea said.

Despite this, the government has now marked their residences with red stickers for demolition, in violation of the law, they submitted.

It is also pointed out that the authorities have been proposing to go about the demolition despite an undertaking before the Gauhati High Court that had been recorded as a form of interim protection.

Thus, the residents have sought to initiate contempt proceedings against errant officials for their alleged wilful violation of court orders restraining such demolition. They have also urged the Court to halt this eviction process.

"The right to housing/ shelter is a fundamental right as has been held by this Hon'ble Court on numerous occasions and forms an integral part of the right guaranteed under Article 21 of the Constitution. This right of the citizens evidently cannot be taken away or infringed upon without following the due process of law. Hence, the demolition of properties by the authorities in the Respondent State as a punitive measure for alleged crimes is also in violation of this fundamental right guaranteed under the Constitution”, the plea states.

The plea has been drawn by Advocates Abdur Razzaque Bhuyan, Sana Parveen and Arijeet Baruah.