Supreme Court issues notice to Assam government on plea against Sonapur demolition drive

The Supreme Court has issued a notice to the State of Assam in response to a contempt petition filed by 47 citizens. 

The petitioners alleged wilful violation of the court's interim order dated September 17, 2024, which mandated that no demolition could take place nationwide without the court's prior approval.

A bench comprising Justices BR Gavai and KV Viswanathan ruled that the parties should maintain the status quo in the interim. 

The notice is expected to be returned within three weeks.

Senior Advocate Huzefa Ahmadi, representing the petitioners, argued that there had been a "severe breach of the Court's order." She claimed that Assamese officials had marked the petitioners' homes for demolition without prior notice, despite the court's directive.

The Supreme Court's interim ruling on September 17 explicitly stated that no demolition may occur nationwide without its approval. However, the order did not cover encroachments on public roads, sidewalks, railway tracks, or water bodies.

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The petitioners initiated the contempt action soon after, stating that Assamese officials had ignored the court's ruling and marked their homes for demolition on the grounds that they were encroachers. Ahmadi reported that demolitions had already begun and requested an order to maintain the status quo.

The petition refers to a Gauhati High Court ruling from September 20, 2024, where the Advocate General of Assam assured that no legal action would be taken against the petitioners until their submissions were resolved. Despite this, the authorities allegedly proceeded with the demolition, further violating the court's directives.

The petitioners claim they have been residing on the property for decades based on power of attorney agreements with the original pattadars (landholders). They identify as inhabitants of Kachutoli Pathar and nearby areas in the Sonapur mouza of Kamrup Metro district. While they do not claim ownership, they argue that their occupancy is legitimate under these agreements.

The petitioners allege that the government marked their homes for demolition without any prior warning, a move they deem illegal. They cite Section 165(3) of Chapter X of the Assam Land and Revenue Regulation, which requires authorities to serve an eviction notice and give tenants a month to vacate before any demolition.

The petition argues that the demolition order violates the audi alteram partem doctrine, which ensures the right to a fair trial and other principles of natural justice. It claims that the petitioners' rights under Articles 14, 15, and 21 of the Constitution were infringed upon, as they were not given a chance to defend themselves or sufficient notice, leading to the loss of their homes and livelihoods.

"The right to housing/shelter is a fundamental right, as held by this Hon'ble Court on numerous occasions, and forms an integral part of the right guaranteed under Article 21 of the Constitution. This right cannot be taken away or infringed upon without due process of law. Hence, the demolition of properties by authorities in the Respondent State as a punitive measure for alleged crimes is also in violation of this fundamental right," the petition states.