Guwahati: The Supreme Court on Thursday agreed to examine a contempt petition against the Assam government for allegedly defying its earlier orders during a demolition operation in the state’s Goalpara district.
A bench led by Chief Justice B.R. Gavai and Justice K. Vinod Chandran issued a notice to Assam’s chief secretary and other officials, asking them to respond within two weeks.
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Eight residents from Goalpara filed the petition, claiming the authorities carried out mass evictions and demolitions in June that displaced more than 667 families. According to the petitioners, officials did not provide residents with personal hearings or adequate time to appeal or seek judicial review before demolishing their homes.
Senior advocate Sanjay Hegde, representing the petitioners, told the court that the administration gave only a two-day notice before executing the demolitions. He argued that the government targeted members of a minority community while sparing similarly situated individuals from the majority, calling the action discriminatory.
When the Chief Justice asked why the petitioners had not approached the high court, Hegde responded that several affected individuals had already done so, but the focus there had been on rehabilitation. He stressed that even those accused of encroachment deserved due process.
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“These families have lived on that land for six to seven decades,” Hegde said, noting that the Brahmaputra River frequently alters its course, often forcing communities to relocate to higher ground.
The Supreme Court bench agreed to issue a notice but warned it would not grant relief if the land in question was government-owned. The court reiterated that its previous orders do not protect structures built on public spaces, such as roads, riverbanks, or state-owned property.
The petitioners referred to the Supreme Court’s November 13, 2024, judgment, which mandated that authorities must serve a show-cause notice and give at least 15 days to respond before carrying out any demolition.
According to the plea, the residents had lived in Hasilabeel revenue village for nearly 60 years without facing any objections from government agencies. But on June 13, officials issued a notice instructing all occupants to vacate by June 15. The petitioners alleged that the notice was arbitrary and gave them no chance to be heard.
The demolition reportedly followed just days later, without any fresh show-cause notice or individual hearings. The petition also asked the court to direct the government to offer compensation, provide rehabilitation, and help rebuild demolished homes, schools, and other infrastructure.
While the court issued a notice on the plea, it declined to order a status quo, with the CJI emphasizing that the court would not intervene if the evictions involved government-owned land.