The Supreme Court has today issued a notice to the State of Assam regarding a contempt petition filed by 47 residents, who allege a deliberate violation of the Court's interim order from September 17, 2024.

This order mandated that no demolitions should occur nationwide without prior permission from the Court.

A bench comprising Justices BR Gavai and KV Viswanathan issued a notice returnable within three weeks and ordered all parties to maintain the status quo during this period.

Senior Advocate Huzefa Ahmadi, representing the petitioners, asserted that there has been an "egregious violation of the Court's order." To summarize, the Supreme Court's interim order on September 17 stipulated that no demolitions should take place without its consent, though it clarified that this directive would not apply to encroachments on public roads, footpaths, railway lines, or water bodies.

Shortly thereafter, the petitioners filed this contempt case, claiming that Assam authorities have breached the Court's order by designating their homes for demolition without prior notice, labeling them as encroachers. Today, Ahmadi revealed that demolitions have already begun, urging the Court for a status quo order to halt these actions.

The petition references a prior order from the Gauhati High Court on September 20, 2024, wherein the Advocate General of Assam undertook that no action would be taken against the petitioners until their representations were addressed. However, the petitioners contend that authorities have continued the demolition process, further contravening the Court's directives.

The petitioners, who claim residency in Kachutoli Pathar and surrounding areas of the Sonapur mouza in the Kamrup Metro district for several decades, assert their occupation is valid through power of attorney agreements with the original pattadars (landholders). While they do not assert ownership of the land, they argue that their occupancy is legally recognized by these agreements.

Furthermore, the petition alleges that government officials marked the petitioners' homes with red stickers for demolition without any prior notice. This action is claimed to violate Section 165(3) of Chapter X of the Assam Land and Revenue Regulation, which mandates that eviction notices be issued with a one-month grace period for occupants before any demolition can proceed.

The petition contends that the demolition orders infringe upon the principles of natural justice, particularly the doctrine of *audi alteram partem*, which ensures the right to a fair hearing. It argues that the petitioners were not afforded the opportunity to defend themselves, and the absence of notice has resulted in the loss of their homes and livelihoods, infringing upon 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.

Case Title: Faruk Ahmed and Ors. v. State of Assam, Diary No. 44449-2024