Contempt plea on demolition: Supreme Court seeks replies from Assam government, others; orders status quo

New Delhi: The Supreme Court on Monday ordered the Assam government authorities to maintain status quo a plea by 47 Assam residents seeking initiation of contempt proceedings for the alleged violation of the apex court's order that had said there would be no demolition of properties across the country without its permission.

A bench of Justices B R Gavai and Justice K V Viswanathan sought the responses of the Assam government and others in the matter.

The court had on September 17 said there will be no demolition of properties, including of those accused of crimes, till October 1, without its permission.

As many as 47 Assam residents of Assam filed a plea, alleging willful violation of the top court's September 17 order directing that no demolition should take place across the country without prior permission from the court.

The petitioners had claimed that the authorities in Assam have violated the apex court's order by marking their homes for demolition without providing any prior notice claiming that they are encroachers on the land.

Referring to the Guwahati High Court's order of September 20, 2024, the petitioners said that even the Advocate General of Assam had given an undertaking to the HC that no action would be taken against them until their representations were disposed of.

"Despite this, the authorities allegedly continued with the demolition process, further violating the Court's orders," they said.

"The right to housing/ shelter is a fundamental right as has been held by this 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," their plea stated.

The petition challenged 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 said 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 said 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 petition asserted that this demolition order violated the principles of natural justice, 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.