Assam demolitions: SC agrees to hear plea for contempt action against state authorities

New Delhi: The Supreme Court on Thursday agreed to examine a plea seeking contempt action against Assam government authorities for allegedly violating the top court directives during its demolition exercise in Goalpara district.

A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran issued notice to the Assam chief secretary and others for their responses within two weeks.

The plea alleged mass eviction and demolition drives in June affected over 667 families.

The petition, filed by eight residents of Goalpara district, said the demolition exercise was carried out without granting personal hearing and providing adequate time for appeal or judicial review.

"Apart from that, the eviction and demolition exercise predominantly targeted a minority community, leaving out similarly placed persons from the majority community untouched, thereby constituting discriminatory implementation and carrying out of the eviction drive by the authorities concerned...," the plea, filed through advocate Adeel Ahmed, said.

Senior advocate Sanjay Hegde, representing the petitioners, said a notice of only two days was given and the demolition was carried out immediately thereafter.

"Why don't you go to the high court?" the CJI asked.

Hegde said several persons moved the high court and the plea there was also about rehabilitation.

He said even encroachers were entitled to due process of law.

"These are 667 poor families who have been there on that land for 60-70 years," Hegde said.

The Brahmaputra changes courses from time to time and people have to move to higher grounds, he added.

"We want to issue notice but if the government comes with a defence that it is a government land, then we have already said that our order will not be applicable to land which are owned by the government, any encroachment on the streets, public place, abutting rivers and abutting water bodies," the bench cautioned.

After the apex court said it would issue notice on the plea, Hegde requested for a status quo.

"If it is government land," the CJI said, "then no. We can't pass any order contrary to what we have held." The plea referred to the top court's November 13, 2024 verdict which laid down pan-India guidelines and barred demolition of properties without a prior showcause notice and 15 days' time to the aggrieved party to respond.

The petitioners were stated to have been residing along with their families in Hasilabeel revenue village for past 60 years without any objection being raised from any government authority till recently.

The plea said on June 13, the authority issued notice directing all the occupants to remove structures by June 15.

The residents were stated to have been given sufficient time or any opportunity of hearing and the notice was issued in an "arbitrary and high handed manner".

The plea said within few days, the authorities conducted a mass eviction and demolition drives and the exercise was carried out without issuance of any fresh show-cause notice or without granting personal hearing.

It has also sought directions for interim relief by way of compensation, rehabilitation, and reconstruction of demolished houses, schools etc.

Passing a slew of directions, the apex court in its November 2024 verdict made clear that they would not be applicable in case of unauthorised structures in a public spaces such as roads, streets, footpaths, abutting railway lines or a river or water bodies apart from cases where there was a court order for demolition.