Guwahati: The Supreme Court on Monday 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 of September 17, 2024, where in it was directed that no demolition should take place across the country without the prior permission of the apex court.
Taking note of the a petition filed by 47 residents of Assam’s Sonapur accusing the state of violating the top court's order, 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.
The petitioners claimed their homes were demolished by the authorities despite the Supreme Court's previous order, as well as an assurance from the Assam Advocate General to the Gauhati High Court on September 20 that no action would be taken against them until their petitions were resolved.
Senior Advocate Huzefa Ahmadi appearing for the petitioner submitted that an "egregious violation of the Court's order" has taken place.
The Supreme Court had passed an interim order to the effect on September 17 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. Advocate Ahmadi informed that the demolitions have taken place. He requested for a status quo order saying that the demolitions are continuing.
The petition also pointed out a previous order of the Gauhati High Court of September 20, 2024, in which the Advocate General of Assam had given an undertaking that no action would be taking place against the petitioners until their representations were disposed of. Despite this, the petitioners stated, the authorities continued with the demolition drive, further violating the Court's orders.
The petitioners, claiming to be residents of Kachutoli Pathar and other adjoining areas in the Sonapur mouza of Kamrup Metro district for several decades, stated 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 contended that their occupation is legally valid and recognized by these agreements.