The Supreme Court has issued a contempt notice to the Assam government following allegations that state authorities violated its order prohibiting demolitions without prior judicial approval. A bench comprising Justices BR Gavai and KV Viswanathan ordered the Assam government to respond within three weeks and mandated that the current status of the affected households be maintained until the next hearing.
The contempt petition was filed by 47 residents from Kachutoli Pathar village in Assam’s Kamrup district, who claimed that their homes were demolished despite a Supreme Court directive that required court approval before any such actions could be undertaken. The petitioners highlighted that an assurance was given by the Assam Advocate General to the Gauhati High Court on September 20, stating that no action would be taken against them until their petitions were resolved.
The residents argue that they have lived in the area for decades under agreements with the original landholders and contest the state’s classification of them as “illegal occupants” of tribal land. They maintain that their occupation is legitimate and that the demolitions were executed without adhering to legal protocols, including the failure to issue a one-month eviction notice.
The petitioners further argue that the demolitions, which deprived them of their homes and livelihoods, violated their fundamental rights under Articles 14, 15, and 21 of the Constitution—ensuring equality before the law and the right to life and personal liberty.
The Supreme Court’s order on September 17 explicitly prohibited demolitions across the country without prior judicial approval, except in cases involving encroachments on public infrastructure such as roads, footpaths, railway lines, or water bodies. Despite this directive, Assam authorities allegedly proceeded with demolitions, prompting the current contempt proceedings.
Sources By Agencies
