The Supreme Court on Thursday agreed to examine a contempt plea against Assam government authorities for allegedly defying its guidelines during a mass demolition and eviction drive in Goalpara district, which reportedly affected over 667 families, many of whom belong to minority communities.
A bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran issued notice to the Assam Chief Secretary and other officials, seeking their responses within two weeks.
The petition, filed by eight residents of Goalpara through advocate Adeel Ahmed, alleged that the June demolition drive was conducted without following due process, including the absence of personal hearings and inadequate time for appeal or judicial review.
Senior advocate Sanjay Hegde, appearing for the petitioners, told the court that only two days’ notice was given before the demolition, and no effective legal remedy was made available to the affected families. “These are 667 poor families who have been there on that land for 60–70 years,” he said, explaining that the changing course of the Brahmaputra river had pushed them to higher ground over the decades.
Hegde contended that even if the land was encroached, residents were still entitled to the protections of due process as per the law. He also highlighted the discriminatory implementation of the demolition, which allegedly targeted minority communities while sparing similarly situated members of the majority population.
The bench questioned whether the matter should have first been raised before the High Court, noting that some petitions related to rehabilitation were already pending there. However, the court decided to issue a notice, albeit with caution. “If the government comes with a defence that it is government land, then we have already said that our order will not be applicable to land which is owned by the government,” CJI Gavai noted.
Hegde urged the court to order a status quo, but the bench declined to pass any interim relief that might contradict its November 13, 2024 judgment. In that verdict, the Supreme Court had laid down pan-India guidelines prohibiting demolition without a show-cause notice and a 15-day response window, except in cases involving public land such as roads, riversides, and government-owned properties.
According to the plea, the residents of Hasilabeel revenue village had been living there peacefully for six decades without any objections from the authorities. It alleged that on June 13, officials issued a notice asking all occupants to vacate by June 15, which was followed by immediate demolitions, without further notice or personal hearings.
The petitioners have also sought interim relief in the form of compensation, rehabilitation, and reconstruction of demolished homes, schools, and places of worship.
