NEW DELhi: The Supreme Court on Monday sought the responses of the Assam government and others on a plea filed by 47 Assam residents seeking initiation of contempt proceedings for the alleged violation of the apex court’s order that had said there shall be no demolition of properties across the country without its permission.A two-judge bench of the top court, led by Justice B R Gavai and Justice K V Viswanathan also asked the parties to maintain status quo in the matter. The petitioners stated in their plea that the top court had, on its order on September 17, said there will be no demolition of properties, including of those accused of crimes, till October 1, without its permission. 47 Assam residents of Assam had on September 28 knocked the doors of the top court alleging wilful violation of the top court’s order. The petitioners had claimed that the authorities in Assam have violated the SC’s order by marking their homes for demolition without providing any prior notice claiming that they are encroachers on the land.Pointing it out a previous order of the Gauhati High Court, of September 20, 2024, the petitioners said that even the Advocate General of Assam had given an undertaking to the HC that no action would be taken against them until their representations were disposed of. “Despite this, the authorities allegedly continued with the demolition process, further violating the Court’s orders,” they said.”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 stated.The petition challenged the district administration’s classification of the petitioners as “illegal occupiers” or “encroachers” on tribal lands. The petitioners assert that they were allowed to reside on the land by the original pattadars, some of whom belong to the protected tribal class.It further pointed out that the government authorities, without issuing any prior notice, marked the petitioners’ houses with red stickers for demolition. This action, they argue, 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 said that they have not violated the Assam Land and Revenue Regulation, 1886, as they have not altered the nature of the land. They contend that some parts of the tribal belt are inhabited by people who are not part of the tribal community, while other areas where tribals are a minority are included in the tribal belt.The petition asserted that this demolition order violates the principles of natural justice, which guarantees the right to a fair hearing. It contends that they 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.
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