Supreme Court orders status quo on Assam Demolition Drive

The Supreme Court on Monday ordered status quo in relation to the proposed evictions and demolitions in Assam's Sonapur [Faruk Ahmed and Ors v State of Assam].

A Bench of Justices BR Gavai and KV Viswanathan issued notice on the contempt of court petition challenging the demolitions, and directed the State government to file its response within three weeks.

The Court was hearing a plea by forty-eight residents who moved the Court contending that the demolition drive was in violation of the Supreme Court's recent interim order against bulldozer demolitions.

The Bench had recently passed an interim order banning authorities from demolishing properties using bulldozers (often termed 'bulldozer justice') of people suspected of criminal activities, without its 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, said that their houses were allegedly marked for demolition without any prior notice or hearing and before any declaration that they were illegal encroachers.

As per the petitioners, they have rights over the land through power of attorney. It is their case 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 was 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 contempt of court proceedings against errant officials for their violation of court orders. They have also urged the Court to halt this eviction process.

The plea was drawn by advocates Abdur Razzaque Bhuyan, Sana Parveen and Arijeet Baruah.

Senior Advocate Huzefa Ahmadi appeared for the petitioners.