Supreme Court Issues Notice To Assam Govt Over Sonapur Eviction Drive

GUWAHATI: The Supreme Court has issued notice to the Assam government over the recent eviction drive at Sonapur, alleging willful violation of the Court's interim order dated September 17, where it had directed to stop all demolition across the country without the Court's prior permission.

ALSO READ: Assam & Ludhiana Police Bust Inter-State Cyber Fraud Gang, Recover ₹5.25 Crore

The notice was issued by a bench of Justices BR Gavai and KV Viswanathan, who also ordered that the status quo shall be maintained by both the parties in the meantime.

A group of 47 residents from Assam had earlier filed a contempt petition in the Supreme Court on September 28 against the state authorities.

The residents alleged in the petition that they have lived in Kachutoli Pathar and adjacent areas within the Sonapur mouza of Kamrup Metro district for decades and 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).

The petition claims that the authorities marked the petitioners' houses with red stickers for demolition without issuing any prior notice, which is in clear violation of the law, particularly Section 165(3) of Chapter X of the Assam Land and Revenue Regulation, which requires authorities to issue an eviction notice and provide a one-month period for the occupants to vacate before any demolition can take place.

The petition further says that the demolition order violates the principles of natural justice, particularly the doctrine of audi alteram partem, which guarantees the right to a fair hearing. It contends that the petitioners were not given any opportunity to defend themselves, and the lack of notice has deprived them of their homes and livelihoods, in violation of their rights under Articles 14, 15, and 21 of the Constitution.

“The right to housing/ shelter is a fundamental right as has been held by this Hon'ble Court on numerous occasions and forms an integral part of the right guaranteed under Article 21 of the Constitution. This right of the citizens evidently cannot be taken away or infringed upon without following the due process of law. Hence, the demolition of properties by the authorities in the Respondent State as a punitive measure for alleged crimes is also in violation of this fundamental right guaranteed under the Constitution”, the petition states.

The Assam government has been asked to respond to the notice within three weeks.