SC notice to Assam government on contempt plea against demolition

New Delhi [India], July 24 (ANI): The Supreme Court on Thursday issued notice to Assam government authorities on a contempt petition alleging illegal demolitions of houses in Hasila Beel, Goalpara in Assam.

A bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran sought responses from the Assam chief secretary and others within two weeks.

The bench, however, said, We want to issue notice but if the government comes with a defence that it is a government land, then we have already said that our order will not be applicable to land which are owned by the government, any encroachment on the streets, public place, abutting rivers and abutting water bodies.

The petition, filed by eight residents of Goalpara district, alleged mass eviction and demolition drives in June affected over 667 families who have been there on that land for 60-70 years.

The Brahmaputra changes courses from time to time and people have to move to higher grounds, said the counsel appearing for the petitioners.

The plea filed through advocate Adeel Ahmed sought contempt action against Assam government authorities for allegedly violating the apex court directives during its demolition exercise in Goalpara district.

It stated the demolition exercise was carried out without granting personal hearing and providing adequate time for appeal or judicial review.

The petition said a notice of only two days was given and the demolition was carried out immediately thereafter.

The petitioners said that were stated they have been residing along with their families in Hasilabeel revenue village for past 60 years without any objection being raised from any government authority till recently and on June 13, the authority issued notice directing all the occupants to remove structures by June 15.

They said that within a few days, the authorities conducted a mass eviction and demolition drive, and the exercise was carried out without issuance of any fresh show-cause notice or without granting a personal hearing.

They also sought directions for interim relief by way of compensation, rehabilitation, and reconstruction of demolished houses, schools etc.

On November 13 last year the top court delivered a judgement and laid down pan-India guidelines saying no property should be demolished without a prior show cause notice and the affected must be given 15 days to respond.

It passed a slew of directions in its November 2024 verdict and made clear that they would not be applicable if there was an unauthorised structure in a public place such as road, street, footpath, abutting railway line or any river or water bodies and also in cases where there was an order for demolition made by a court of law.(ANI)

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