Himanta Biswa Sarma Govt Gets Contempt Notice From Supreme Court For Bulldozer Action Despite Stay Order

The Supreme Court has issued a contempt notice to Assam's government. This follows a petition by 47 residents who claim the state ignored a court order against demolitions without approval. Justices BR Gavai and KV Viswanathan have given Assam three weeks to respond, maintaining the status quo until the next hearing.

The petitioners argue that their homes in Kachutoli Pathar village, Kamrup district, were demolished despite a Supreme Court order and an assurance from Assam's Advocate General. On September 20, it was promised to the Gauhati High Court that no action would be taken until their petitions were resolved.

Allegations of Illegal Demolition

The residents have lived on this land for decades under agreements with original landholders. They contest being labelled as "illegal occupants" of tribal land. They assert their occupation is legitimate and not in violation of any legal provisions.

The petition claims authorities bypassed legal protocols, such as issuing an eviction notice with a one-month vacate period. It also states demolitions occurred without fair hearings, violating fundamental rights under Articles 14, 15, and 21 of the Constitution.

Supreme Court's Previous Order

A Supreme Court order on September 17 prohibited demolitions nationwide without judicial approval unless involving public roads, footpaths, railway lines, or water bodies. Despite this directive, Assam authorities allegedly marked these homes for demolition without notice.

This situation has led to the current contempt petition against the state government. The residents argue that their homes and livelihoods were unjustly taken away without due process or consideration of their rights.

The case highlights ongoing tensions between state actions and judicial directives. The outcome could set important precedents for how similar situations are handled in the future across India.