Petitioners from Kachutoli maintain that their long-term occupation is legitimate, and that they were permitted to reside there by virtue of power of attorney agreements with some of the pattadars
GUWAHATI: A group of 47 residents from Assam filed a contempt petition in the Supreme Court on Saturday, September 28 against state authorities. The petition accuses the authorities of violating an interim order of the court that barred demolitions without prior approval.
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The petitioners claim that their homes have been marked for demolition by local officials despite a Supreme Court directive issued on September 17, 2024, prohibiting any demolition activities across the country without the court's prior consent.
According to a Live Law report, the petition is set to be heard by a bench comprising Justices B.R. Gavai and K.V. Vishwanathan on Monday. It seeks contempt proceedings against officials involved in the demolition process, which the petitioners argue was carried out unlawfully and without proper notice.
According to the petition, the residents, who have lived in Kachutoli Pathar and adjacent areas within the Sonapur mouza of Kamrup Metro district for decades, were labeled as encroachers by the Assam government. They contend that their occupation of the land is legally valid under agreements with the original pattadars (landholders).
While they do not claim ownership, the petitioners maintain that their long-term occupation is legitimate, and that they were permitted to reside there by virtue of power of attorney agreements with some of the pattadars, many of whom belong to protected tribal groups.
The petitioners also argue that their homes were unlawfully marked for demolition without any prior notice, which they claim is a clear violation of Section 165(3) of Chapter X of the Assam Land and Revenue Regulation, 1886. This section requires authorities to issue an eviction notice and provide a one-month period for occupants to vacate before any demolition can take place.
The failure to follow these procedures, the petitioners assert, breaches their fundamental rights to housing and livelihood, as guaranteed under Article 21 of the Indian Constitution.
The residents also point to an earlier order from the Gauhati High Court, dated September 20, 2024, in which the Advocate General of Assam had assured the Court that no action would be taken against them until their representations were addressed. Despite this undertaking, the petitioners claim that state authorities continued with the demolition process, thereby violating both the High Court’s and the Supreme Court's orders.
In their plea, the petitioners argue that the eviction and demolition process is unjust and has disregarded their right to be heard, violating the principles of natural justice. Specifically, they invoke the doctrine of audi alteram partem, which guarantees the right to a fair hearing.
The residents further highlight that their eviction would not only displace them from their homes but also disrupt the social harmony of the area, as they have lived peacefully alongside the tribal community for decades.
Filed through Advocate Adeel Ahmed, the petition underscores the need for due process and urges the court to take action against those responsible for the alleged contempt.
