Supreme Court Issues Notice To Assam Govt On Plea Against Sonapur Demolition Drive, Orders Status Quo

The Supreme Court today issued notice to the State of Assam on a contempt petition filed by 47 residents of Assam, alleging willful violation of the Court's interim order dated September 17, 2024, whereby it was directed that no demolition should take place across the country without the Court's prior permission.

A bench of Justices BR Gavai and KV Viswanathan, while issuing notice returnable within three weeks, also ordered that the status quo shall be maintained by the parties in the meantime.

Senior Advocate Huzefa Ahmadi appearing for the petitioner submitted that an "egregious violation of the Court's order" has taken place.

To recap, on September 17, the Supreme Court passed an interim order to the effect that no demolition should take place in the country without its permission. It was however clarified that the order won't be applicable to encroachments on public roads, footpaths, railway lines, or waterbodies.

Shortly thereafter, the petitioners filed the present contempt case, alleging that authorities in Assam have violated the Court's order by marking their homes for demolition without providing any prior notice claiming that they are encroachers on the land. Today, Ahmadi informed that the demolitions have taken place. He requested for a status quo order saying that the demolitions are continuing.

The petition 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 petitioners state, the authorities continued with the demolition process, further violating the Court's orders.

Background

The petitioners, claiming to be residents of 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 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 the 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 the petitioners 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 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.

Case Title: Faruk Ahmed and Ors. v. State of Assam, Diary No. 44449-2024