SC’s contempt notice to Assam govt after houses razed without notice

The order was passed by a bench headed by justice Bhushan R Gavai on a petition by 48 residents of the Kamrup Metro district.

The Supreme Court on Monday issued contempt notice to the Assam government for razing houses of 48 residents in Kamrup district, who the government said were encroaching on tribal land, without prior notice and ordered status quo on further demolition action.

A view of Supreme Court in New Delhi (HT FILE PHOTO)

The order was passed by a bench headed by justice Bhushan R Gavai on a petition by the residents belonging to the Mouza-Sonapur are falling in Kamrup Metro district. The residents alleged that the state was required to get permission of the top court before demolishing their houses after the top court on September 17 noted that it was considering pan-India guidelines against “bulldozer justice”. In doing so, the court clarified that no protection will be granted to properties which are unauthorised or encroaching public space or roads.

On being told that some houses have been destroyed while action against others is ongoing, the bench, also comprising justice KV Viswanathan, issued notice on the contempt petition to the state and its officials.

The court posted the matter after three weeks even as the main matter relating to guidelines against “bulldozer justice” is expected to be heard by a bench comprising justice Gavai on Tuesday.

Senior advocate Huzefa Ahmadi appeared for the residents and said, “There has been egregious breach of this court’s order.” He pointed out that the court’s order of September 17 was categoric that no demolition action should take place without its prior nod. The petitioners before the court had also been fighting a legal battle before the Gauhati high court defending their rights over the land as power of attorney holders for several decades.

During the hearing in the high court on September 20, the state advocate general said no action will be taken till the representations in this regard are decided. In February 2020, with regard to the same occupants, the top court directed the authorities that in the event any order is passed adverse to the occupants, reasonable time should be granted by the deputy commissioner for allowing them to pursue alternate remedies. The state was even alleged to have violated this order.

The petitioners, who are residents of Kachutoli Pathar and adjoining areas, stated in their contempt plea, that they do not have original papers of ownership of land but have been living on the land by way of power of attorney agreements passed on to them by their predecessors who settled in 1950s. It was on the strength of their land documents, identity documents were issued to them.

According to them, they are not encroachers and dispute the 1987 notification cited by the state government declaring their land as part of tribal land. They claimed that the land was not purchased from tribals and alleged that there is no proper demarcation of tribal belt as several tribals have been settled outside the areas demarcated for them.