47 Assam Residents File Contempt Petition In Supreme Court Alleging Illegal Demolition Of Their Homes In Violation Of SC Order

A contempt petition has been filed by 47 residents of Assam before the Supreme Court alleging wilful violation of the Court's interim order dated September 17, 2024, directing that no demolition should take place across the country without prior permission from the Court.

The Court had clarified that this order won't be applicable to encroachments on public roads, footpaths, railway lines, or waterbodies.

The petitioners claim that the authorities in Assam have violated this order by marking their homes for demolition without providing any prior notice claiming that they are encroachers on the land. Later, the homes were demolished. The petition seeks contempt proceedings against the officials involved. The case is listed before bench of Justice BR Gavai and KV Vishwanathan on Monday.

The petition also points to a previous order of the Gauhati High Court, dated September 20, 2024, in which the Advocate General of Assam had given an undertaking that no action would be taken against the petitioners until their representations were disposed of. Despite this, the authorities allegedly continued with the demolition process, further violating the Court's orders.

“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 petition states.

The petitioners, who have been residing in Kachutoli Pathar and other adjoining areas in the Sonapur mouza of Kamrup Metro district for several decades, state that they are living on the land by virtue of power of attorney agreements executed by the original pattadars (landholders). While they do not claim ownership of the land, they contend that their occupation is legally valid and recognized by these agreements.

The petition challenges the district administration's classification of the petitioners as “illegal occupiers” or “encroachers” on tribal lands. The petitioners assert that they were allowed to reside on the land by the original pattadars, some of whom belong to the protected tribal class.

The petition emphasizes that the petitioners have never asserted ownership rights and have not altered the nature of the land. The petition argues that the land the petitioner occupy has been in the possession of their forefathers since the 1920s, well before the establishment of tribal belts in the area, as declared by a government notification in 1950.

The petition further highlights that the petitioners have been provided with essential services such as electricity, ration cards, Aadhaar cards, and voter ID cards based on their residency. The petition maintains that they have not violated the Assam Land and Revenue Regulation, 1886, as they have not altered the nature of the land. They contend that some parts of the tribal belt are inhabited by people who are not part of the tribal community, while other areas where tribals are a minority are included in the tribal belt.

“The Petitioners have been residing in the said scheduled lands for around last seven, eight decades since generations, but they have never engaged in any disputes or clash with the Tribal or protected people living in the adjoining areas. They have been living peacefully and through proper relationship with people belonging to all the communities, whether it be social or trade relationship, There have never been any protests or revolts against the Petitioners and the other similarly situated people by the Tribal people. As such, eviction of the Petitioners would not only deprive the Petitioners of their homes and livelihood, but also disrupt the societal fabric of the area”, the petition further adds.

The petition alleges that the government authorities, without issuing any prior notice, marked the petitioners' houses with red stickers for demolition. This action, they argue, is in clear violation of the law, particularly Section 165(3) of Chapter X of the Assam Land and Revenue Regulation, which requires authorities to issue an eviction notice and provide a one-month period for the occupants to vacate before any demolition can take place.

The petition asserts that this demolition order violates the principles of natural justice, particularly the doctrine of audi alteram partem, which guarantees the right to a fair hearing. It contends that they were not given any opportunity to defend themselves, and the lack of notice has deprived them of their homes and livelihoods, in violation of their rights under Articles 14, 15, and 21 of the Constitution.

The petition is filed through Advocate Adeel Ahmed.

Case Title – Faruk Ahmed and Ors. v. State of Assam