A bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran sought responses from the Assam Chief Secretary and other officials within two weeks
Counsel for the petitioners argued that owing to the Brahmaputra river frequently changing its course, people are often forced to relocate to higher ground. Representational pic
The Supreme Court (SC) on Thursday issued a notice to the Assam government authorities in response to a contempt petition alleging unlawful demolitions of homes in Hasila Beel, Goalpara district, ANI reported.
A bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran sought responses from the Assam Chief Secretary and other officials within two weeks.
“We want to issue notice but 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 are owned by the government, any encroachment on the streets, public place, abutting rivers and abutting water bodies,” the apex court bench said.
The petition, filed by eight residents from Goalpara, claimed that mass eviction and demolition drives conducted in June had impacted over 667 families, many of whom had been living on the land for six to seven decades.
Counsel for the petitioners argued that owing to the Brahmaputra river frequently changing its course, people are often forced to relocate to higher ground.
The plea, filed through advocate Adeel Ahmed, sought contempt proceedings against Assam government officials for allegedly violating Supreme Court directives during the demolition operations in Goalpara.
It was alleged that the demolitions were carried out without granting the affected persons a personal hearing or sufficient time to file an appeal or seek judicial review.
According to the petition, only two days’ notice was provided, after which the demolitions commenced, ANI reported.
The petitioners stated that they and their families had been residing in Hasilabeel revenue village for around 60 years without any objection from the authorities until recently. On June 13, officials issued a notice instructing all residents to vacate and remove their structures in the next two days.
They claimed that within days, a mass eviction and demolition drive was carried out, without any fresh show-cause notices or opportunity for personal representation.
The petitioners have also sought interim relief in the form of compensation, rehabilitation, and reconstruction of demolished homes, schools, and other community structures, reported ANI.
The Supreme Court had, on November 13 last year, delivered a landmark judgment laying down nationwide guidelines which stated that no property should be demolished without prior notice and that affected parties must be granted at least 15 days to respond.
However, the apex court clarified that these protections would not apply to unauthorised constructions on public land such as roads, footpaths, railway tracks, or areas adjoining rivers and water bodies, or in cases where a demolition order had been issued by a court of law.
(With ANI inputs)
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