Supreme Court issues notice to Assam Govt on plea against demolition drive, orders status quo

The order came on a contempt plea by 47 residents of Assam’s Kachutoli Pathar and other adjoining areas in the Sonapur mouza of the Kamrup Metro district, who alleged the state of contempt of the apex court by carrying out demolition of their dwelling units.

In its September 17 interim order, the top court directed that there should be no demolition of properties, until October 1, without its permission.

The petitioners submitted that the demolition and eviction drive in the area — conducted by the Kamrup Metro district administration with the police on the grounds that the area was under the notified tribal belt of South Kamrup — taking place since September 9 are in contempt of the top court’s directions. The sale, purchase, lease, and settlement in notified tribal belts and blocks is restricted to “protected classes”, which include STs, SCs, Santhals, tea tribes, and Gorkhas, under Assam’s land regulations. The families evicted are Bengali Muslims.

The eviction drive saw 151 families being evicted and 237 structures demolished and took a violent turn on September 12, leaving two residents Haidar Ali (22) and Zubahir Ali (19) dead, 11 residents injured and around 22 police personnel and government employees injured.

Following this, 49 residents had approached the Gauhati HC, challenging the eviction order claiming that they had been issued land pattas in the 1920s, before the area had been notified as a tribal belt.

The court had directed the Deputy Commissioner to decide on their claims and that they not be evicted till their representation was disposed of.

Hearing the petitions on September 2, the court had questioned how anybody’s house could be demolished just because he is an accused in a case.

The court was hearing petitions filed by the Jamiat Ulama-i-Hind and others seeking directions to various states to ensure no further demolition of properties of those accused in cases of rioting and violence.

“Till the next date of hearing, we direct that there shall be no demolition anywhere across the country without seeking leave of this court.

We further clarify that our order would not be applicable if there is an unauthorised structure in any public place such as a road, street, footpath, abutting railway line or any river or water bodies and also to cases where there is an order for demolition made by a court of law,” the SC had said.