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The Supreme Court of India has issued a contempt notice to the Assam government, escalating a legal dispute over unauthorized demolitions in the state. The notice stems from a petition filed by 47 residents accusing the Assam government of violating a Supreme Court order that prohibits demolitions without prior judicial approval. The petitioners allege that their homes were demolished despite the Supreme Court's directive and an assurance from the Assam Advocate General to the Gauhati High Court that no action would be taken against them until their petitions were resolved.
The case centers around the demolition of 47 households in Kachutoli Pathar village and surrounding areas in Assam's Kamrup district. The petitioners contend that they have lived in the area for decades under agreements with the original landowners. They dispute the state's characterization of them as 'illegal occupants' of tribal land, arguing that their occupation was legitimate under existing agreements and they have not violated any legal provisions. The petition also alleges that the authorities failed to follow legal protocols, including the mandatory requirement to issue an eviction notice with a one-month period for occupants to vacate.
The petitioners further argue that the demolitions were carried out without providing them with a fair hearing, depriving them of their homes and livelihoods. They contend that these actions violate their fundamental rights under Articles 14, 15, and 21 of the Indian Constitution, which guarantee equality before the law and the right to life and personal liberty. The Supreme Court's September 17 order prohibiting demolitions across the country without prior judicial approval, with exceptions for encroachments on public roads, footpaths, railway lines, or water bodies, was allegedly disregarded by Assam authorities who marked the petitioners' homes for demolition without notice.
The Supreme Court's issuance of a contempt notice indicates the seriousness of the allegations against the Assam government. The court has ordered the state to respond within three weeks and maintain a status quo until the next hearing. This case highlights the ongoing tensions surrounding land rights, evictions, and the role of the judiciary in protecting citizens' fundamental rights. The Supreme Court's actions underscore its commitment to upholding its own orders and ensuring that the rule of law is followed, even at the state level.
Source: Assam Gets Contempt Notice From Supreme Court For "Bulldozer Action"