NEW DELHI: The Supreme Court on Monday issued a contempt notice to the Assam government for razing the houses of 48 residents in Kamrup district, alleged to be encroachers on tribal land, and ordered status quo on further demolition action.
The order was passed by a bench of justices Bhushan R Gavai and KV Viswanathan on a petition by residents of Mouza-Sonapur in Kamrup Metro district. The residents alleged that the state was required to get permission of the top court before demolishing their houses as per the recent order of the top court on September 17 on a batch of petitions where the court is considering issuing pan-India guidelines against ‘bulldozer justice’ – the practice of demolishing the properties of people accused of crimes, and, sometimes, of their families, often using earthmovers or bulldozers, without following due process.
On being told that some houses have been destroyed while action against others is ongoing, the bench, issued notice to the state government and its officials. It held, “In the meantime, parties shall maintain status quo.”
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.
{{/usCountry}}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.
{{/usCountry}}Senior advocate Huzefa Ahmadi, who appeared for the residents, 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 to defend their rights over the land as power of attorney holders for several decades.
In the case before the high court, the state advocate general on September 20 said that no action would be taken till the representations in this regard were decided. In February 2020, the top court ordered that in the event an adverse decision is taken with regard to the same residents, the authorities should give them reasonable time to allow them to pursue alternative remedies. The state was even alleged to have violated this order.
The petitioners, who are residents of Kachutoli Pathar and adjoining areas, said 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 forefathers who settled in 1950s. It was on the strength of their land documents that 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.