Assam government gets contempt notice from SC over 'bulldozer' action
The Supreme Court on Monday issued a contempt notice to the Assam government in response to a petition filed by 47 residents, who accused the state of violating the court's order that no demolitions should occur without its approval. A bench led by Justices BR Gavai and KV Viswanathan instructed the state to respond within three weeks and mandated that a status quo be maintained until the next hearing.
Why does this story matter?
The Supreme Court on September 17 issued an order halting demolitions nationwide without its permission until October 1. However, the court clarified that this directive does not extend to unauthorized constructions on public roads, footpaths, railway lines, or other public areas. The bench delivered three orders concerning a group of petitions that challenged the "bulldozer action" taken by various state governments, which involved the punitive demolition of properties belonging to individuals accused of crimes.
Residents allege unlawful demolition of homes
The petitioners allege that their homes were demolished by authorities despite the Supreme Court's prior order and an assurance from 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 Supreme Court issued a contempt notice to the Assam government following a petition from 47 residents—of Kachutoli Pathar village in Kamrup district—who claimed violations of the court's directive prohibiting demolitions without approval.
'Did not breach any legal provisions...': Petitioners
The petitioners said that they have resided in the area for decades based on agreements with the original landholders. They dispute the state's designation of them as "illegal occupants" of tribal land, arguing that they have not breached any legal provisions and that their occupancy is valid under the existing agreements.
'Fundamental rights violated'
The petition claims that authorities breached legal protocols, including the obligation to provide an eviction notice with a one-month notice period for occupants to vacate. It further contends that the demolitions occurred without granting residents a fair hearing, thus depriving them of their homes and livelihoods. This, the petition argues, constitutes a violation of fundamental rights under Articles 14, 15, and 21 of the Constitution, which ensure equality before the law and the right to life and personal liberty.
