The Supreme Court on Thursday agreed to examine a plea seeking contempt action against Assam government officials over alleged violations of the apex court’s directives during a demolition drive in the state’s Goalpara district.
A bench led by Chief Justice B R Gavai and Justice K Vinod Chandran issued notices to the Assam Chief Secretary and others, seeking their responses within 2 weeks.
Mass Evictions Alleged Without Due Process
The petition, filed by eight residents of Goalpara through advocate Adeel Ahmed, claims that a mass eviction and demolition exercise carried out in June affected over 667 families—many of whom had been residing in the area for decades. The residents are from Hasilabeel revenue village, where they say they have lived for 60-70 years without any prior objections from government authorities.
The petitioners allege that the demolition was executed without personal hearings, adequate notice, or time for judicial recourse, which goes against the guidelines laid down by the Supreme Court in its November 13, 2024 verdict. That judgment mandated that no demolition be carried out without a show-cause notice and a minimum of 15 days for the affected parties to respond.
“Discriminatory Implementation” Cited
The plea also contends that the eviction drive predominantly targeted a minority community, while leaving similarly situated individuals from the majority community untouched. It calls the exercise arbitrary, discriminatory, and high-handed.
Representing the petitioners, senior advocate Sanjay Hegde argued that residents received a notice only on June 13, instructing them to vacate by June 15. Demolitions reportedly began soon after, without any further process. “These are 667 poor families who have lived there for decades. Even encroachers are entitled to due process of law,” Hegde said.
He also highlighted the geographical vulnerability of the region, noting that the Brahmaputra river frequently changes course, forcing people to move to higher ground.
Supreme Court’s Caution On Government Land
While agreeing to hear the matter, the bench refused to order a status quo as requested by the petitioners, cautioning that its earlier verdict would not apply to demolitions involving unauthorised constructions on government land, or land that abuts rivers, water bodies, roads, and public spaces.
“If the government comes with a defence that it is government land, then we’ve already held that our order won’t apply to such cases,” said the CJI.
Plea For Rehabilitation & Compensation
In addition to contempt proceedings, the petition seeks interim relief in the form of compensation, rehabilitation, and reconstruction of homes, schools, and other structures demolished in the eviction drive. It alleges that the June exercise was conducted without issuing fresh notices or offering any legal hearing, despite the earlier court-mandated guidelines.
The Supreme Court has now sought the Assam government’s response within 2 weeks, while keeping the door open to examine whether there was a breach of its 2024 guidelines.
The case is being closely watched, especially in the context of evictions, minority rights, and judicial oversight of administrative actions.
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