The Supreme Court has issued a notice to the State of Assam in response to a contempt petition filed by 47 citizens, accusing state officials of disregarding the court’s interim order barring demolitions without prior approval.

The petitioners allege a “wilful violation” of the court’s directive from September 17, 2024, which mandated a nationwide halt on demolitions unless cleared by the court.

A bench led by Justices BR Gavai and KV Viswanathan instructed the parties to maintain the status quo in the interim, with the notice expected to be returned within three weeks.

Senior Advocate Huzefa Ahmadi, representing the petitioners, asserted that Assam authorities had marked their homes for demolition without issuing prior notice, despite the court’s clear instructions.

The petitioners, residents of Kachutoli Pathar and neighbouring areas in Sonapur Mouza of Kamrup Metro district, argued that they have lived on the land for decades based on power of attorney agreements with the original pattadars (landholders).

Though they do not claim ownership, they contend that their occupancy is legitimate under these agreements.

According to the petition, authorities began demolitions, ignoring the court’s ruling and violating an assurance given by the state’s Advocate General to the Gauhati High Court on September 20, 2024, that no action would be taken against the petitioners until their submissions were reviewed.

The petitioners claim their homes were demolished without proper notice, which they argue is illegal under Section 165(3) of Chapter X of the Assam Land and Revenue Regulation. The section requires authorities to serve an eviction notice and provide tenants a month to vacate before any demolition can take place.

The petition further asserted that the demolition violated the principles of natural justice and their Constitutional rights under Articles 14, 15, and 21, as they were not given an opportunity to defend themselves or receive adequate notice.

The petition stated that housing is a fundamental right under Article 21 of the Constitution, and any punitive demolition without due process infringes on this right.

In response to the ongoing demolition, the petitioners have requested the court’s intervention to uphold its previous order and protect their homes from further destruction.