In a significant legal development, residents from Sonapur District in Kamrup Metro, Assam, have filed a contempt petition against the government for proceeding with the demolition of their homes, despite a recent Supreme Court order prohibiting such actions without prior permission.

On September 17, a bench led by Justices BR Gavai and KV Viswanathan instructed government authorities to refrain from any demolitions involving properties of individuals merely accused of criminal activities.

The contempt petition, filed by Advocate Addel Ahmed on behalf of 47 residents, is set to be heard by the same bench on September 30.

The petitioners argue that their continued residence on the land is supported by a Power of Attorney deed executed by the original landowners, highlighting the government's alleged willful disregard for the court's directive.

"That, the Petitioners beg to submit that contrary to the allegations and, assertions of the District Administration authorities that the Petitioners are illegal occupiers and encroachers of the lands of the tribals or the protected class, they have been residing in the lands wherein they have been allowed to live by the actual pattadars and in many of the cases the actual pattadars have been from people belonging to protected class who allowed the Petitioners to stay in their lands by building houses after execution of power of attorney...", the petition adds.

The Petitioners assert that they have never encroached upon or seized any lands within the tribal belt. They have resided on the designated scheduled lands since approximately the 1950s, having been granted a government patta long before the establishment of the tribal belt, as stated to the court.

It is argued that the demolition of the Petitioners' homes by the Respondents violates the rule of law and established legal procedures. According to Sections 165(3)(a) and (b) of Chapter X of the Assam Land and Revenue Regulation, 1886, even those who have occupied lands within the tribal belt without proper authorization can only be evicted through a formal eviction notice. This notice must require the occupants to vacate the land and remove any constructions within a maximum period of one month from the date of receipt.

The plea has been filed by Advocates Abdur Razzaque Bhuyan, Sana Parveen, and Arijeet Baruah.

Significantly, the Supreme Court has questioned the relevant authorities regarding their indiscriminate demolitions of the houses and properties belonging to individuals accused in criminal cases. Following the demolitions in Jahangirpuri, a plea was submitted by Jamiat Ulema-I-Hind, requesting the Supreme Court to direct both the Center and State governments to refrain from bulldozing the properties of any accused involved in criminal proceedings.

The organization’s petition highlights a rising trend of demolitions of residential and commercial properties by government administrations across various states, citing these actions as a punitive measure against individuals allegedly linked to criminal activities.

Case Title: Faruk Ahmed and Ors. vs. State of Assam and Ors.